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10/05/2010 - City Council RegularAGENDA EAGAN CITY COUNCIL EAGAN MUNICIPAL CENTER BUILDING October 5, 2010 6:30 P.M. ROLL CALL AND PLEDGE OF ALLEGIANCE II. ADOPT AGENDA III. RECOGNITIONS AND PRESENTATIONS IV. CONSENT AGENDA (Consent items are acted on with one motion unless a request is made for an item to be pulled for discussion) �7 A. APPROVE MINUTES �. /2 B. PERSONNEL ITEMS 13 C. APPROVE Check Registers . / D. ADOPT resolution to approve the City of Prior Lake as a new member of the Suburban Transit Association • / E. APPROVE application for Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on January 29, 2011. /9 F. APPROVE Temporary On -sale Liquor License and waive license fee for Faithful Shepherd Catholic School ,20 G. AWARD contract for fiber optic cable installation — Fire Safety Center a:� H. APPROVE election judges for the November 2, 2010 General Election �. 30 I J SET public hearing date for November 4, 2010 to certify delinquent false alarm bills IJ/ J. SET public hearing date for November 4, 2010 to certify delinquent weed bills 3 2.K. SET public hearing date for November 4, 2010 to certify delinquent utility bills 33 L. ADOPT resolution accepting a $1,000 donation on behalf of the Police Department from Francis Kuechler �• 3�M. ADOPT resolution accepting a $2,700 donation on behalf of the Police Department from Gopher q Resource, LLC �• 3 N. APPROVE Wetland Bank Credit Withdrawal for Project 1007 (Fish Lake Alum Dosing and Settling Basin) 14 10. APPROVE amendment to Contract 10 -05 (Farnum Drive Street Light Improvements) L11P. APPROVE extended working hours for Contract 10 -09 (Cliff Road — Trunk Water Main Improvements) . 4Q. APPROVE comments on Metropolitan Council Transportation Policy Plan P. R. APPROVE no- Parking designations (segments of Blackhawk Road, Denmark Avenue, Deerwood Drive and Clubview Drive) S/ S. APPROVE Change Order Nos. 3 and 4 for Contract 09 -20 (Fire Safety Center — Site Grading and Utilities) �• 5 q T. AUTHORIZE the use of Eminent Domain for Project 971, (Duckwood Drive Overpass) P. 53 U. APPROVE staff as members of the Absentee Ballot Board p . SJ V. APPROVE Tree Contractor License for B & M Tree Service V. PUBLIC HEARINGS 5S A. FINAL ASSESSMENT HEARING — Project 1018 (Greensboro — Street Overlay) P G B. FINAL ASSESSMENT HEARING — Project 1023 (Eagan Royale / Safari Estates 2 / Safari 3' and 41h Street Overlay 70 • %3 C. FINAL ASSESSMENT HEARING — Project 1022 (Overhill Farm — Street Overlay) / D. FINAL ASSESSMENT HEARING — Project 1025 (Oak Cliff 4th — Street Overlay) p P'7;2-E. FINAL ASSESSMENT HEARING — Project 1008 (Lexington Parkview — Street Overlay) PI-F. FINAL ASSESSMENT HEARING — Project 1026 (Northview Meadows 2nd — Street Overlay) l eI G. FINAL ASSESSMENT HEARING -- Project 1020 (Thomas Lake Woods — Street Overlay) p //g H. FINAL ASSESSMENT HEARING — Project 1027 (Patrick Road — Street Overlay) VI. OLD BUSINESS �a A. ORDINANCE AMENDMENT —Chapter 6, Other Business Regulation, Section 6.34 Tobacco . 13 B. ORDINANCE AMENDMENT —Chapter 11 regarding signage for properties with freeway frontage VII. NEW BUSINESS ® /3 A. PLANNED DEVELOPMENT AMENDMENT — Eagan Promenade Shopping Center — A Planned Development Amendment to allow six tenants located at 1270 Promenade Place. VIII. LEGISLATIVE I INTERGOVERNMENTAL AFFAIRS UPDATE IX. ECONOMIC DEVELOPMENT AUTHORITY (There are no EDA items to be considered at this time) X. ADMINISTRATIVE AGENDA A. City Attorney B. City Council Comments C. City Administrator D. Director of Public Works E. Director of Community Development XI. VISITORS TO BE HEARD (for those persons not on the agenda) XII. CLOSED SESSION XIII. ADJOURNMENT City of Earn ma TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY ADMINISTRATOR HEDGES DATE: OCTOBER 1, 2010 SUBJECT: AGENDA INFORMATION FOR OCTOBER 5, 2010 CITY COUNCIL MEETING ADOPT AGENDA After approval is given to the October 5, 2010 City Council agenda, the following items are in order for consideration. 1 Agenda Information Memo October 5, 2010 Eagan City Council Meeting CONSENT AGENDA The following items referred to as consent items require one (1) motion by the City Council. If the City Council wishes to discuss any of the items in further detail, those items should be removed from the Consent Agenda and placed under Old or New Business unless the discussion required is brief. A. APPROVE MINUTES ACTION TO BE CONSIDERED: To approve the minutes of the September 21, 2010 Regular City Council meeting and September 14, 2010 Special City Council meeting as presented or modified. ATTACHMENTS: • Minutes of the September 21, 2010 Regular City Council meeting are enclosed on pages through _. • Minutes of the September 14, 2010 Special City Council meeting are enclosed on pages 7_ through IL_. IN Zn� -DRA F f. MINUTES OF A REGULAR MEETING OF THE EAGAN CITY COUNCIL Eagan, Minnesota September 21, 2010 A Listening Session was held at 6:00 p.m. prior to the regular City Council meeting. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. There were no visitors who wished to be heard. A regular meeting of the Eagan City Council was held on Tuesday, September 21, 2010 at 6:30 p.m. at the Eagan Municipal Center. Present were Mayor Maguire, Councilmembers Bakken, Fields, Tilley and Hansen. Also present were City Administrator Tom Hedges, Community Development Director Jon Hohenstein, City Planner Mike Ridley, Public Works Director Tom Colbert, Administrative Services Gene VanOverbeke, Director of Communications Tom Garrison, City Attorney Michael Dougherty and Administrative Secretary / Deputy Clerk Mira Broyles. AGENDA City Administrator Hedges noted that a closed session would be held regarding the U -Haul litigation and an easement acquisition on the Sweet property. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the agenda as presented. RECOGNITIONS AND PRESENTATIONS New Police Officers, William Cytryszewski, Chad Clausen, and Joseph Moseng were administered the Oath of Office. CONSENT AGENDA Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve the Consent Agenda as presented. Aye: 5 Nay: 0 A. It was recommended to approve the minutes of the September 7, 2010 regular City Council meeting. B. Personnel Items. (no items) C. It was recommended to ratify check registers dated September 2, 2010 and September 9, 2010, as presented. D. It was recommended to approve one day per month promotions at the Eagan Community Center to offer free admission for military families to preschool open gym and F.A.N.tastic Saturday. E. It was recommended to approve a letter of support for Dakota Valley Recycling (DVR) to secure Local Negotiated Initiative Funds (LNIF) for DVR website improvements. F. It was recommended to approve an amendment to the Joint Powers Agreement (in which the City joined ICAC, a multi agency task force that combats internet crimes where children are victims) with the State of Minnesota, Bureau of Criminal Apprehension and the St. Paul Police Department. G. It was recommended to approve a Tobacco License for Bassil Dyab, Go For It Gas, 4206 Nicols Road. H. It was recommended to declare bicycles, unclaimed property and miscellaneous City property to be surplus. I. It was recommended to award bid for construction of a replacement fire engine. J. It was recommended to approve change orders for the Fire Safety Center. K. Item removed. L. It was recommended to award Contract 10 -09 (Cliff Road Trunk Water Main) to Ryan Contracting, Inc. for the base bid in the amount of $477,046.50 and authorize the Mayor and City Clerk to execute all related documents. City Council Minutes September 21, 2010 Page 2 DRAFT M. It was recommended to award Contract 10 -10 (South Water Treatment Plant —Facility Upgrade and Maintenance Repair) to Magney Construction, Inc. for the Base Bid in the amount of $3,798,700, plus the Alternate #2 deduct of $60,000, and authorize the Mayor and City Clerk to execute all related documents. N. It was recommended to award Contract 10 -16 (Schwanz Lake Rain Gardens) to Urban Companies for the base bid in the amount of $43,970.00 and authorize the Mayor and City Clerk to execute all related documents. O. It was recommended to approve a final plat (Kennerick 3rd Addition) upon approximately 0.92 acres for property located at 1413 Vince Trail, and legally described as Lot 1, Block 2, and Outlot C, Kennerick Addition. P. It was recommended to approve an agreement between the City and CBS Outdoor, Inc. to provide the City five (5) hours /month (2250 eight- second spots) for public service announcements on the billboard located on railroad r -o -w adjacent to Coca -Cola, west of 1 -35E and south of Hwy. 55 in the NE % of Section 3. Q. It was recommended to approve two agreements between the City and Clear Channel Outdoor, Inc. to provide the City five (5) hours /month (2250 eight- second spots) for public service announcements on the north and south facing sides of the billboard located on 3.5 acres north of Hwy. 13 and east of Hwy. 77 (Cedar Ave.) in the SW % of Section 18. R. It was recommended to approve release of certain declaration of restrictive covenants for Crossroads of Eagan located at the southeast corner of Denmark Avenue and Duckwood Drive. S. It was recommended to award the bid for the build out of the Civic West Arena West Training Space to Morcon Construction, Inc., pending final review by the architect, and authorize the Mayor and City Clerk to execute the appropriate documents. T. It was recommended approve a resolution allowing the City of Eagan to continue its participation in the Dakota Traffic Safety Program through 2011. PUBLIC HEARINGS RIGHT OF WAY VACATION — WESCOTT WOODLANDS City Administrator Hedges introduced this item regarding a petition by neighbors of the Stonehaven development to vacate the portion of Wescott Woodlands that is unimproved and currently serves as a gravel driveway access to three residences and a public trail connection to Wescott Hills Drive to the south. Public Works Director Colbert provided background information and noted that City staff has met with the petitioners and reached agreement on the extent of the right -of -way vacation. All Required cross easement agreements between the property owners were verified as being signed and notarized. Councilmember Bakken moved, Councilmember Fields seconded a motion to close the public hearing and approve the vacation of the easterly 30 feet of public right -of -way known as Wescott Woodlands (formerly known as Dodge Street and Wescott Hills Drive) located south of Duckwood Drive and adjacent to 3536, 3544 and 3590 Wescott Woodlands, all as formally described and shown on the attached figure, while reserving the trail, drainage and utility easements, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 There were no Old Business items. OLD BUSINESS City Council Minutes September 21, 2010 Page 3 NEW BUSINESS PLANNED DEVELOPMENT AMENDMENT, PRELIMINARY SUBDIVISION (LONE OAK 3RD ADDITION) NWA REAL ESTATE HOLDING COMPANY, LLC (DELTA AIRLINES) City Administrator Hedges introduced this item regarding a Planned Development Amendment to renew the term of the Planned Development Agreement, change parcel boundaries and clarify allowable square footage for future development on proposed Lot 1 and Outlot A, Lone Oak 3rd Addition and a Preliminary Subdivision to create one lot and three outlots upon approximately 125 acres located south of 1-494 and east of Lone Oak Parkway. City Planner Ridley gave a staff report. Jeff Minnea, representing Delta Airlines discussed the proposed subdivision and future plans for the property. Councilmember Hansen moved, Councilmember Tilley seconded a motion to approve a Planned Development Amendment to renew the term of the Planned Development Agreement, change parcel boundaries and clarify allowable square footage for future development on proposed Lot 1 and Outlot A, Lone Oak 3`d Addition, upon approximately 86 acres located south of 1-494 /0'Neill Drive and east of Lone Oak Parkway, subject to the following conditions: Aye: 5 Nay: 0 1. An Amendment to the Planned Development Agreement shall be executed and recorded against the property at the Dakota County Recorder's office. 2. This Planned Development allows for a total building area of 325,000 SF for office uses upon Lot 1, Block 1, Lone Oak 3rd Addition, and up to $175,000 SF for office uses upon Lot 1, Block 1, Lone Oak 3rd Addition, and up to 175,000SF of future office development upon Outlot A, Lone Oak 3rd Addition. 3. Any further development on Lot 1 or Outlots A and C shall require a Planned Development Amendment together with the following exhibits: a. Site plan b. Landscape plan c. Building elevation plans d. Utility Plan e. Site Lighting Plans 4. This Amendment shall supplement and amend all prior Planned Development Agreements, including Preliminary Planned Development Agreements. 5. The term of this Agreement shall be 10 years. 6. Any future proposals to impact the wetland on site by draining, filling, or excavating shall comply with Minn. Rules Ch. 8420 and shall specifically be according to Eagan City Code §11.67 Subd. 5, Wetland Submittal Requirements and Replacement Requirements and Eagan City Code §11.67, Subdivision 11, Wetland Submittal Requirements. 7. In accordance with Eagan City Code §11.67 Subd. 6 for the "Protect" wetlands, there shall be a 60 -foot minimum Wetland Buffer (20% added to 50 -foot minimum width requirements because wetland's adjacent slopes are 6% or greater). The applicant and /or landowner shall dedicate a conservation easement over the lands associated with the wetland and the Wetland Buffer. 8. Wetland Buffer Vegetative Requirements shall comply with Eagan City Code §11.67, Subd. 7. 9. The Wetland Buffer shall be protected in accordance with Eagan City Code §11.67 Subd. 8. 10. In accordance with Eagan City Code §11.67 Subd. 9, the applicant and /or landowner must place markers at the upland edge of the Wetland Buffer at least every 75 feet. Wetland Buffer Markers will be provided by the City. 11. Any future development of the site shall have wetland setbacks in accordance with Eagan City Code §11.67 Subd. 10. City Council Minutes September 21, 2010 Page 4 r 9 Councilmember Hansen moved, Councilmember Fields seconded a motion to approve a Preliminary Subdivision (Lone Oak 3rd Addition) to create one lot and three outlots upon approximately 125 acres located south of 1- 494 /0'Neill Drive and east of Lone Oak Parkway, subject to the following conditions: Aye:5 Nay:0 1. The developer shall comply with these standards conditions of plat approval as adopted by Council on February 2, 1993: A1, B3, B4 2. The property shall be platted. 3. This subdivision shall dedicate the public right -of -way needed for the construction of a roadway from Northwest Parkway to the eastern edge of the subdivision, in accordance with City engineering standards. The plat shall be revised to show this right -of -way prior to final subdivision approval/ 4. The developer shall grant temporary construction easements, in a form acceptable to the City Attorney for the construction of future roadway. 5. Any future proposals to impact the wetland on site by draining, filling, or excavating shall comply with Minn. Rules Ch. 8420 and shall specifically be according to Eagan City Code §11.67 Subd. 5, Wetland Submittal Requirements and Replacement Requirements and Eagan City Code §11.67, Subdivision 11, Wetland Submittal Requirements. 6. In accordance with Eagan City Code §11.67 Subd. 6 for the "Protect" wetlands, there shall be a 60 -foot minimum Wetland Buffer (20% added to 50 -foot minimum width requirements because wetland's adjacent slopes are 6% or greater). The applicant and /or landowner shall dedicate a conservation easement over the lands associated with the wetland and the Wetland Buffer. 7. Wetland Buffer Vegetative Requirements shall comply with Eagan City Code §11.67 Subd. 7. 8. The Wetland Buffer shall be protected in accordance with Eagan City Code §11.67 Subd. 8. 9. In accordance with Eagan City Code §11.67 Subd. 9, the applicant and /or landowner must place markers at the upland edge of the Wetland Buffer at least every 75 feet. Wetland Buffer Markers will be provided by the City. 10. Any future development of the site shall have wetland setbacks in accordance with Eagan City Code §11.67 Subd. 10. ORDINANCE AMENDMENT TO CHAPTER 5 OF THE CITY CODE REGARDING FINANCIAL RESPONSIBILITY AND INSURANCE CERTIFICATE REQUIREMENTS OF LIQUOR LICENSEES TO COMPLY WITH STATE STATUTES City Administrator Hedges discussed this item regarding an ordinance amendment to Chapter 5 regarding the financial responsibility and insurance certificate requirements of liquor licensees to comply with State statutes. Councilmember Fields moved, Councilmember Bakken seconded a motion to approve an ordinance amendment to Chapter 5 of the City Code regarding the financial responsibility and insurance certificate requirements of liquor licensees to comply with state statutes. Aye: 5 Nay: 0 LEGISLATIVE / INTERGOVERNMENTAL AFFAIRS UPDATE There were no items for discussion. ADMINISTRATIVE AGENDA Public Works Director Colbert discussed easement acquisitions for Project 905R which provided for the installation of storm drainage facilities for the south eastern portion of Eagan through the Lebanon Hills Regional Park along Cliff Road to the Holland Lake Lift Station. He noted that the City has acquired all necessary easements except for three which are currently being negotiated, of which one has threatened an Inverse Condemnation action against the City. He stated he felt it would be in the City's best interest City Council Minutes September 21, 2010 Page 5 to formally initiate Eminent Domain proceedings for that particular property while continuing with negotiations. Councilmember Tilley moved, Councilmember Hansen seconded a motion to approve a resolution authorizing the acquisition of drainage and utility easements for Project 905R for parcel 10- 02600- 010 -54 through Eminent Domain proceedings, if necessary, and authorize the Mayor and City Clerk to execute all related documents. Aye: 5 Nay: 0 VISITORS TO BE HEARD There were no visitors who wished to be heard. ADJOURNMENT Council Fields moved, Councilmember Tilley seconded a motion to adjourn the meeting at 7:20 p.m. Aye:5 Nay: 0 Date Mike Maguire, Mayor Maria Petersen, City Clerk 7 MINUTES SPECIAL CITY COUNCIL MEETING TUESDAY, SEPTEMBER 14, 2010 5:30 P.M. EAGAN ROOM — EAGAN MUNICIPAL CENTER City Council members present: Mayor Maguire, Councilmembers Bakken, Fields, Hansen and Tilley. City Staff present: City Administrator Hedges, Assistant to the City Administrator Miller, Director of Administrative Services VanOverbeke, Community Development Director Hohenstein, Public Works Director Colbert, Parks and Recreation Director Seydell - Johnson, City Planner Ridley, Planner Dudziak and Planner Thompson. I. ROLL CALL AND ADOPTION OF THE AGENDA Mayor Maguire called the meeting to order and welcomed students who were visiting from Concordia College. Councilmember Fields moved, Councilmember Bakken seconded a motion to adopt the agenda as presented. Aye: 5; Nay: 0 II. VISITORS TO BE HEARD There were no visitors to be heard. 111. OPPORTUNITY CITY UPDATE City Administrator Hedges introduced the item noting that the Urban Land Institute (ULI) and the Regional Council of Mayors (RCM) developed an Opportunity Cities program as a tool for cities interested in receiving assistance in pursuing their goal of supporting a full range of housing choices in suburban cities for a stronger, more prosperous region. Hedges added that in early 2010, at the invitation of the RCM and ULI, the City Council approved an agreement to move forward with the Opportunity Cities program. Hedges also noted that representatives of the MVTA, 360 Communities, Community Development Agency, Advisory Parks and Recreation Commission, and the Advisory Planning Commission were invited to observe tonight's presentation. Community Development Director Hohenstein provided additional background on the Opportunity Cities program and the study completed to -date regarding Eagan Community Change demographic information, housing program audit, and next steps in the study process. Mr. Hohenstein introduced Cathy Bennett of Bennett Community Consulting. Mr. Hohenstein also introduced John Carpenter of Excensus who is assisting with the study. 0 Special City Council Minutes September 14, 2010 Page 2 Ms. Bennett provided a presentation to the City Council on changes in the community's demographics, a housing program audit, and next steps in the Opportunity Cities study process. Mr. John Carpenter of Excensus spoke to the trends in the various population groups in the City. The City Council discussed the preliminary findings, their observations and options before the City. The Council gave direction to proceed with a review of three "opportunity sites" by a team of ULI MN members to provide more general suggestions to enhance the City's redevelopment plan for the mixed use areas identified in the Comprehensive Guide Plan, namely the Central Commons, Cliff Road Commons and Cedar Grove Commons areas. The Council directed that the APC review the recommendations of the ULI MN team yet this fall. The Council directed that the item be brought back to a Council workshop following the review of the APC. IV. ZONING PERMIT CONCEPT DISCUSSION City Administrator Hedges introduced the item noting that there are a number of property improvement activities that do not require a building permit or any formal review by Planning, Building Inspections, and /or Engineering staff. Hedges noted that certain improvements that have been made to properties over the years have resulted in the need for the property owner to seek a variance or a lot line adjustment (replat or subdivision) due to a private improvement resulting in a non - conforming situation that requires correction before the property can be sold or granted a building permit for additional improvements. Community Development Director Hohenstein and City Planner Ridley provided additional background, noting that a zoning permit could be required for improvements that do not require a building permit. Hohenstein noted that the purpose of this type of review is to insure standard zoning requirements are adhered to such as setbacks and impervious surface coverage. Mr. Ridley noted that such a permit process would be intended to provide professional guidance and engage property owners early in the process in order to prevent issues in the future. Mr. Hohenstein noted that the City of Chanhassen has a similar program that could be modeled in Eagan, and stated that no permit fee is contemplated at this time. The City Council discussed the issues of zoning permits. The City Council provided direction to proceed with a Consent Agenda item to prepare an ordinance outlining the zoning permit process. The Council noted that the ordinance should also go through the Advisory Planning Commission per standard process. The Council directed that the APC review the zoning permit concept, and provide a recommendation as to whether the ordinance should be implemented on a trial basis or include a sunset provision. The Council requested that following the APC's review of the zoning permit concept, the item should come back to the Council on the consent agenda to direct the preparation of the ordinance. Council requested that the background memo on the item include a summary of the APC's discussion and recommendations to the Council on the zoning permit concept. Special City Council Minutes September 14, 2010 Page 3 The City Council recessed at 7:00 p.m. The Council resumed their meeting 7:26 p.m. V. PROPOSED AD HOC COMMITTEE STRUCTURE FOR FRANCHISE ENFORCEMENT City Administrator introduced the item noting that staff was directed at the June 8, 2010 work session to bring to the Council possible structures for a proposed ad hoc committee or modified and downsized commission to handle governance of the Eagan cable franchise and programming complaints. Communications Director Garrison summarized the options available to the City Council regarding cable franchise enforcement and program appeals. The City Council discussed the options available. There was City Council consensus to designate the Eagan City Council as the cable franchise enforcement authority for the City of Eagan for those matters that cannot first be resolved by City staff, who serves as the local franchise authority (LFA). The Council also directed that if programming complaints arise an ad hoc committee be formed with authority to resolve programming / sponsorship complaints if staff cannot first resolve the issue. The Council directed that the ad hoc group would meet only as needed. The Council directed that the three member panel or appeals board should include the City Clerk, an outside expert from another City or franchise authority, and an Eagan resident appointed by the Council. The Council noted that the resident selected to serve on the ad hoc committee should not be involved in programming decisions at E -TV and that the Clerk's involvement be reviewed after a trial basis. The Council requested that the direction provided at tonight's workshop be formalized as a Council item for consideration at a future City Council meeting. VI. REVIEW SPECIAL ASSESSMENT FOR TRUNK AREA ASSESSMENTS City Administrator Hedges introduced the item noting that the purpose of tonight's agenda item is to review the current special assessment policy on trunk area assessments and provide direction for possible revision or amendments to the policy. Mayor Maguire added that by re- examining the special assessment policy on trunk area assessments, the Council will have the opportunity to review the special circumstances associated with the trunk water main assessments for the Lakewood Hills neighborhood. Public Works Director Colbert highlighted a map showing the Cliff Road — Trunk water main assessment area, which included platted lots, unplatted lots, and building structures for general reference during discussions. Mr. Colbert explained the two existing trunk area assessment options based either on actual square footage or, on a flat per lot basis. Director Colbert provided historical information on the City's special assessment policies and the various amendments and revisions to some of the earlier policies that pertained to trunk area assessments and potential credits for public easements. Io Special City Council Minutes September 14, 2010 Page 4 The City Council discussed the special assessment options available to them. The City Council and staff discussed the option of potential credits for any conservation easements that might be dedicated prior to the final assessment hearing for the Lakewood Hills properties. The City Council took public testimony from Bob Lane, 896 Lakewood Hills Road, inquiring as to the benefits and restrictions for the property owners if a conservation easement is considered. Mr. Lane also inquired about the previous credits homeowners were given against area assessments for existing ponds and wetlands that didn't have formal easements in place on the property, and whether such credits could be grandfathered in to become a ponding easement under this project. Lois Agrimson, 894 Lakewood Hills Road, inquired about the difference between ponding easements versus conservation easements, and whether there is a difference in the assessment depending on which easement is obtained. Betty Undis, 870 Lakewood Hills Road, inquired about the natural pond on her property and whether the City could put a trail around the lake. Upon further discussion, the Council provided direction to staff to prepare a specific proposal to be brought back to the City Council to include a conservation easement template, combined with how trunk fees could be paid via the City's open space fund for those properties that dedicate conservation easements to the City. The Council directed that staff get feedback on the proposal from property owners in advance of being brought back to the City Council. The Council also clarified that there shall be no minimum or maximum size for a conservation easement area. The Council invited staff to include their thoughts and recommendations in the proposal, and identify potential issues and possible responses to those issues when bringing the proposal back to the City Council. The Council also requested information regarding the value of ponding easements to the City. The City Council noted that should staff need additional clarification, the conservation easement proposal could be brought to the Finance Committee for further recommendations. The Council asked that the proposal be brought back to the November or December City Council workshop. VII. OTHER BUSINESS There was no other business. VIII. ADJOURNMENT Councilmember Bakken moved; Councilmember Fields seconded a motion to adjourn the meeting at 9:48 p.m. Aye: 5; Nay: 0 Agenda Information Memo October 5, 2010 Eagan City Council Meeting B. PERSONNEL ITEMS Item 1. ACTION TO BE CONSIDERED: Authorize the replacement of Matthew Mack, FT Manager on Duty at the Eagan Community Center. FACTS: • Position has been vacant since October 2009. • The filling of the MOD vacancy was discussed with the City Administrator who recommended replacement. Item 2. ACTION TO BE CONSIDERED: Authorize the City of Eagan with the assistance of Gallagher Services, to issue a request for proposal to solicit pricing for Long Term Disability (LTD) plans and Employee Assistance Programs in conjunction with a LTD plan for the plan year beginning January 1, 2011. FACTS: • The City's current Long Term Disability vendor, Assurant Employee Benefits, quoted a significant increase in premiums from .27/$1000 worth of coverage to .3 5/$1000 worth of coverage for plan year 2011, beginning January 1, 2011. • The City has experienced LTD premium coverage at.27/$1000 for 2008, 2009 and 2010. In order to determine if this price increase is a reflection of the market, staff is interested in gathering more market data to determine if the quote is reasonable and customary despite the fact that the last formal bid for LTD insurance was in 2007. Although not required to bid Employee Assistance Programs, the City is interested in pursuing added value to this service. As mentioned, certain insurance companies will offer an EAP program as a "value add" to a Long Term Disability Policy at no additional charge. /eZ. Agenda Information Memo October 5, 2010 Eagan City Council Meeting C. RATIFY CHECK REGISTERS ACTION TO BE CONSIDERED: To ratify the check registers dated September 16, 2010 and September 23, 2010 as presented. ATTACHMENTS: • Check registers dated September 16, 2010 and September 23, 2010 are enclosed without page number. 13 Agenda Information Memo October 5, 2010 D. ADOPT A RESOLUTION TO APPROVE THE CITY OF PRIOR LAKE AS A NEW MEMBER OF THE SUBURBAN TRANSIT ASSOCIATION ACTION TO BE CONSIDERED: To adopt a resolution to approve the City of Prior Lake as a new member of the Suburban Transit Association FACTS: • The purpose of the Suburban Transit Association (STA) is for the members to jointly and cooperatively develop programs on matters of mutual concern and interest relating to transportation and transit issues. • The members of the STA currently include Maple Grove Transit, Minnesota Valley Transit Authority, Plymouth Metrolink, Shakopee Transit, SouthWest Transit and all of the respective municipalities that the transit providers serve. • The City of Prior Lake took action in August 2010 to become a member of the STA and approved the allocation of annual dues to the organization. • The City of Prior Lake operates Laker Lines, downtown express, circulator and shuttle services. The cities of Prior Lake and Shakopee also operate B1ueXpress, a joint transit service between Shakopee Transit and Laker Lines. • Per the STA's joint and cooperative agreement, additional municipalities may become a member of the STA upon approval by a majority of the parties. • The MVTA took action to approve the City of Prior Lake as a new member, and the other STA municipalities are all considering this same action. • The enclosed resolution offers the support of the City of Eagan for the City of Prior Lake's efforts to join the STA. ATTACHMENTS: • Enclosed on page /-!5� is a resolution to approve the City of Prior Lake as a member of the Suburban Transit Association. RESOLUTION NO. 2010- A Resolution Approving the City of Prior Lake as a Member of the Suburban Transit Association WHEREAS, the parties to the Suburban Transit Association's Joint and Cooperative Agreement are governmental units permitted by Minnesota Statute 471.59 to jointly and cooperatively exercise any power common to each of them; and WHEREAS, the Suburban Transit Association was formed to jointly and cooperatively develop programs on matters or mutual concern and interest; and WHEREAS, Article 4 of the Suburban Transit Association's Joint and Cooperative Agreement states that additional municipalities may become a party upon approval by a majority of the parties and upon full payment of the annual dues; and WHEREAS, the City of Eagan is a party of the Suburban Transit Association; and WHEREAS, on August 9, 2010, the Prior Lake City Council adopted a resolution authorizing the Mayor and City Council to execute the Suburban Transit Association Joint Powers Agreement, and appointing Councilor Warren Erickson as the City's elected representative; and WHEREAS, the City of Prior Lake's initial dues would be $1,166.75 for the last four months of 2010. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGAN, MINNESOTA, that the city approves that the City of Prior Lake becomes a Party of the Suburban Transit Association. Attest: ADOPTED this 5th day of October, 2010. Maria Petersen, City Clerk Mike Maguire, Mayor STATE OF MINNESOTA) COUNTY OF DAKOTA ) CITY OF EAGAN ) CERTIFICATE OF CITY CLERK I, the undersigned duly appointed and acting City Clerk for the City of Eagan do hereby certify that the attached and foregoing Resolution was duly adopted by the Eagan City Council at its Special Meeting of February 9th, 2010, and as recorded in the Minutes of said Special Meeting. WITNESS my hand and seal of said City this day of , 2010. City Clerk /-5— Agenda Memo City Council Meeting October 5, 2010 CONSENT AGENDA: E. Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on January 29, 2011. ACTION TO BE CONSIDERED: Adopt Resolution approving Exempt Permit for Faithful Shepherd Catholic School to hold a raffle on January 29, 2011 at 3355 Columbia Drive. FACTS: • Faithful Shepherd Catholic School has applied for an Exempt Permit with the Gambling Control Board to hold a raffle as listed above in conjunction with their annual fundraiser. • All requirements of the application have been met and staff recommends approval. ATTACHMENTS: • A copy of the proposed resolution is attached as page • The application is available for review in the Administration Department. /l� RESOLUTION CITY OF EAGAN APPLICATION FOR EXEMPT PERMIT FAITHFUL SHEPHERD CATHOLIC SCHOOL WHEREAS, the Faithful Shepherd Catholic School has applied for an Exempt Permit to conduct a raffle on January 29, 2011; and WHEREAS, the Eagan Police Department has reviewed the application and has not identified any reason to deny; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Eagan, Dakota County, Minnesota, hereby approves the Exempt Permit for the Faithful Shepherd Catholic School to conduct a raffle on January 29, 2011 at 3355 Columbia Drive in Eagan. Motion by: Seconded by: Those in Favor: All Those Against: None Date: October 29, 2011 CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk CERTIFICATION I, Maria Petersen, Clerk of the City of Eagan, Dakota County, Minnesota, do hereby certify that the foregoing resolution was duly passed and adopted by the City Council of the City of Eagan, Dakota County, Minnesota, in a regular meeting thereof assembled this 5th day of October, 2011. Maria Petersen, City Clerk /7 Agenda Information Memo October 5, 2010, Eagan City Council Meeting F. APPROVE TEMPORARY ON -SALE LIQUOR LICENSE AND WAIVE LICENSE FEE FOR FAITHFUL SHEPHERD CATHOLIC SCHOOL ACTION TO BE CONSIDERED: To approve a temporary on -sale liquor license and waive the license fee for Faithful Shepherd Catholic School. FACTS: ➢ Faithful Shepherd Catholic School has requested a temporary on -sale liquor license be issued to them for a fundraiser planned for January 29, 2011. The fundraiser is the 11'' Annual Live and Silent Auction, which is being held to raise money for the operation of the school. ➢ The application form has been submitted and deemed in order by staff. ➢ Faithful Shepherd Catholic School is asking that the $150.00 license fee be waived. Following Council approval, the application will be forwarded to the Department of Public Safety /Liquor Control Division for their approval. ATTACHMENTS (1): Letter enclosed on page / /9 FILE No.458 09/10 '10 11:50 ID: FAK:6514064743 PAGE 2/ 6 FAUIUVL Off I Where oauwttond cxcAence and God 'e gi m are awakened 3355 Columbia Urine • Fagan, 55121 • li 651.406.4747 www,fsca�m org August 26, 2010 Dear City Council Members, I respectfully request that the Eagan City Council waive $ 150.00 application fee for a temporary liquor license on January 29, 2011. We are holding our ta=rt annual Live and Silent Auction at Faithful Shepherd Catholic School and Tri- Parish Center. The purpose of the Live and Silent Auction is fundraising. All proceeds will go to the school. Faithful Shepherd Catholic School will follow the City of Eagan's ordinance amendment by incorporating procedures that will be followed to engage in the temporary sale of alcoholic beverages. > The designated property of the event will be limited to the school grounds, which includes the school's building. The following security measures will be taken to ensure proper safety in enforcing alcohol beverage sale and consumption laws, crowd control, public safety, and check the ages and identification of all attendees. No person under the age of 21 will be sold or served alcoholic beverages No person will sell or give alcohol beverages to an obviously intoxicated person. > All persons who consume, purchase, or possess an alcoholic beverage in the licensed area will be issued and required to wear a wristband. (Wristbands will be purchased from an approved vendor list provided from the City of Eagan.) ➢ The Welcome Committee will verify proper photograph identification for those individuals that are under the age of 21. ➢ No person selling alcohol shall be intoxicated during his or her work shift. ➢ Licensee will post signs at all entrances of the school to notify the public that sales to and consumption of alcoholic beverages by person's under the age of 21 or to person intoxicated is prohibited. i Licensee will provide volunteer private security to monitor the licensed area. Y Licensee will follow the designated hours listed in the City of Eagan procedures. i Licensee will designate an on -site manager of the licensed area who shall be within the licensed designated area at all times during the hours of sale. The onsite manager will complete training in alcohol beverage service and will train servers and security personnel in the same. If you have any questions, 1 can be reached at 661- 406- 47-t•7. Thank you for your consideration. Respec fully s itted. Joh Boone Principal FaWW Shapland WWW Sd od and Tr wish Cmw • Snv* lho pm'Ww of SL Mm No mmm, SL @Eter m d SL Tbm" Becket Agenda Memo October 5, 2010 Regular City Council Meeting CONSENT AGENDA: G. Award contract for the Fiber Optic Cable Installation — Fire Safety Center to MP Nexlevel, LLC. ACTION TO BE CONSIDERED: To award contract to MP Nexlevel, LLC, for the Fiber Optic installation for the new Eagan Fire Safety Building from Eagan City Hall and Alternate #1 and reject Alternate #2 and authorize the Mayor and City Clerk to sign the appropriate documents. FACTS: • The City will utilize a fiber optic contractor for installation of fiber optic cable to connect all communications between Eagan City Hall and the City's new Fire Safety Building. • The fiber optic installation between Eagan City Hall and Eagan's new Fire Safety Building was not part of the bid package put together and managed by the construction manager. • Alternate #1 is to increase the size of conduit at the Fire Safety Building. • Alternate #2: Installation of fiber optic cable to connect all communications to the City's communications infrastructure from Fire Station 3 and the Eagan South Water Treatment Plant is rejected from this Request for Proposal (RFP) and will be a separate RFP process. ATTACHMENTS: • Enclosed on Page 4— is a copy of the tabulation of quotes. 056 Fiber Installation Fire Safety Center September 22, 2010 - 10:00 A.M. Contractor Parsons MPNexlevel Bid $83,692.94 $87,017.40 Alternate #1 $3,415.00 $400.00 10 Year Maintenance $130,000.00 $18,130.00 Total $217,107.94 $105,547.40 Alternate #2 $42,747.90 $32,348.99 Agenda Information Memo October 5, 2010, Eagan City Council Meeting H. APPROVE ELECTION JUDGES FOR THE NOVEMBER 2, 2010 GENERAL ELECTION ACTION TO BE CONSIDERED: To approve the list of election judges for the November 2, 2010 General Election. FACTS: ➢ Included in the Administrative Agenda packet distributed to Council on September 20, 2010 was the list of proposed election judges with precinct assignments. ➢ Due to numerous cancellations and requests for schedule changes, it has been necessary to add judges to the September 20 list. The additions are denoted on the attachment. As more cancellations and changes occur, staff will substitute from the list of approved judges, not yet assigned, whenever possible. These names are found at the end of the list of judges already assigned to a polling place. ➢ The judges on the attached list have met the minimum qualifications set forth in state statute and either have, or will, receive the necessary training as required by state law. ATTACHMENTS (1) • Attached on pages through is the list of election judges for the General Election. M.- LIST OF ELECTION JUDGES - NOVEMBER 2, 2010 GENERAL ELECTION LAST NAME FIRST PRECINCT NO. COMMENTS ABBOTT SUE 4 Not on previous list; new addition ADRIAN MARY AGRIMSON LOIS AKUBUIKE NGOZICHIKWU AMELL LUCILLE ANDERSON DAWN ANDERSON MARYLOU ARAMBADJIS DENISE ARATA NANCY ASH GARY ATUKORALA JAYANTHA N BAKER MARION BATTIS VIRGINIA BEHNKE GEORGE BELLILE GROVER BENDTSEN KAREN BERG DIANE BERG LAURA City Hall Not on previous list; new addition BERKOPEC JINNY BERTHE BRUCE BERTHE DIANNE BESEKE CAROLYN BOHLIG GEORGE BRADLEY SUSAN BREKKE MARCIA BRINK MURIEL BROST KENT BURKARD SHIRLEY BURRELL THOMAS BURTON KATHY CAMPBELL CAROL CANNELLA ROBERT CARLSON PAMELA CARMICHAEL LISA 2 Not on previous list; new addition CHAMBERS HERB CHAMBERS LINDA CHOURAVONG ANDRE CHRISTIAN GORDON CIRKSENA GEORGIA CLARK KRISTINA COLE JODY COLEMAN TONY COLONGA DIANE COOK GAIL COOK LARRY CRANE WENDI DAHLQUIST JENNIFER DANNER MARGO DARE KAREN DECKER JAMES DEMKO JOHN DEMMA JOHN A 3 LAST NAME FIRST PRECINCT NO. COMMENTS DeNARDO BOB DENARDO JUDY DEVERERAUX BARBARA DIERKES JOSEPH DILLEY SHERRY DINGMAN BARBARA DISCENZA VIRGINIA DITSCHLER MERI FAYE DODGE GERIANNE DOERING SHIRLEY DORN CAROL DRIVER JUDY EILERS MARY JO ELBERT MARY ELLINGBOE CURT ESMOND NANCY ESTUM JESSE EVANS OLIVIA EVANS RICHARD EYKYN THOMAS FABIO MARY LYNN FABIO QUENT FAIRCHILD CARALYNE FEDDE BETTY FIRL DALE 20 Not on previous list; new addition FLETT ROXANNE FOGG AMANDA FORSMAN SONI FOSS MARY FOX BARBARA FREUND CAROL FRIESEN JULIA FRIESEN MILLER FROLOFF TATIANA GARAY MICHELLE GARBER CHARLES GAUDETTE JOHN GAUDETTE MARY GIGNAC MILLIE GITLIN HUGH GITTINGS ROXIE GLOVER KELLY GOIN LIZ GONNELLA PAMELA GONYEAU EILEEN GOODELL DAVID GRAMLING RICHARD GRASS DARELL GRENGS ROSE HAGBERG MARY HAGEN KAY HAHN CHERYL HAMLING PATRICIA HAMLING IPAUL a q LAST NAME FIRST PRECINCT NO. COMMENTS HANDLER LAURA HANSEN JUDY HANSON KRISTIN HARMON JEAN HARMONING ARLEN HARTLEBEN MILDRED HASH ORLANDO HAUSLADEN NANCY HAZEL KIM HEALY BEA 15 Not on previous list; new addition HEFFERNAN CAROLE HELMUELLER MARK HENDRICKS ART HENSELER GEORGE HEURUNG SHIRLEY HOBOT DIANNE HODGDON KENT HOHENAUER SHARRON HOLZEMER MARION HUDSON BILL IFFERT RICHARD JABBRA VICKIE JANDEWERTH HENRY JANSSEN JOANNE 4 Not on previous list; new addition JARRELL CRAIG JOHNSON GARY JOHNSON GERALD JOHNSON LUCIA JOHNSON PENNY 17 Not on previous list; new addition JONES BRAD JONES CHRISTINE JORGENSON DARLETTE KAEDER PATRICIA KAESS MIKE KAHN CARRIE KAHN JAMES KAHN JOSEPH KAMBEITZ BERNETTA KAMM JEFF KEARNS CAROL KEELER GORDON KIEMELE MELINDA KING CONSTANNCE KISSELL BARRY 5 Not on previous list; new addition KIVI DEANNA KLANG SHIRLEE KLUG CURTIS KNIECH DOUGLAS KOESTER BARBARA KOSEK CAROLYN KOUTSOUKOS MARIA KRAEMER ELDORA KRECH ISHARON KRISNIK JYVONNE O� LAST NAME FIRST PRECINCT NO. COMMENTS KRUEGER CINDY KRUEGER PAM LACHMAN JEAN LANE MARIE LANGE SHEILA LANTZER MARILYN LARKIN JOHN LARKI N PAMELA LARSON JAMIE LARSON RAYMOND LEE DAISY LEEAN DON LETNES YOLANDA LIBERTY DONNA LIENAU JUDY LIND RACHEL LINK ARTHUR LOUIS CHARLEEN LUCIANO ZENAIDA LUNDEEN BARBARA 14 Not on previous list; new addition LYSTIG REBECCA MADDEN WILLIAM MANDEL SUSAN MARCH BARBARA ANN MARTIN SHANNON MATHIEU BARBARA MAYERS AL MAZIERSKI ROSE ANN MC ELHENEY JUDY MCDONALD DENNIS MCGUIRE MARY MCINTIRE NANCY MCKEOWN WILLIAM MCKINLEY STEVEN MCNEARNEY REGINA MEFFERT CARLA WINDERS DEBRA MERRYMAN BILL MESTNIK CAROLYN MEYER GARY MIDDLETON DOT MILLER JUDY MILLER SHARON MOREAU TOM MORRISON KENNETH MUILENBERG GARY MULLIGAN III JOHN MUTCHLER JANE MUTCHLER MYRIAM NELSON JUDITH A NELSON KAREN NELSON KYLA NICOLAY RICHARD NIESE JANGELA MR LAST NAME FIRST PRECINCT NO. COMMENTS O'BRIEN WENDE O'CONNOR MAUREEN O'GORMAN LYNN O'GORMAN MARK OLSON DOUGLAS PARENT CAROL PATNODE JIM 8 Not on previous list; new addition PAUL PATTI PEARSON DARLENE PEDERSEN MARYJANE PEGELOW TERESA PERRON DEBBIE PETERSON JANE 20 Not on previous list; new addition PETERSON JUDY PETERSON MARSHA PETERSON WILLIAM PETTY LISA PFEIFER CARLA PITTENGER OLIVER PROPSON STEPHANIE REISDORFER KATHY REISDORFER STAN REISHUS FREDERICK RESTAD ARLEN RICHARDS DEIDRE RICHARDSON JERRY RICHARDSON KAREN ROBIDEAU RON ROLLEFSON SHARON ROSE RUTH ROSS BETTY RUZICKA MARTIE SABEL DENNIS SABEL KATHRYN SAMES KAREN SANDE SEONACHERIE SCHALLENBERG CATHERINE SCHINDELDECKEF MILLIE SCHINDELDECKEF WILLARD SCHMITZ DIANE SCHMITZ PAMELA SCHNEIDER BARBARA SCHUETTE JEFFREY SCHULT JOYCE SCHWANZ MELVIN SCHWANZ SHIRLEY SCHWAPPACH DONALD SCHWAPPACH KATHRYN SCHWARTZ BEVERLY SCHWARTZ MELISSA SEVERSON JODY SEXTON MICHAEL SHEARON IMARY SHUMER IROB a7 LAST NAME FIRST PRECINCT NO. COMMENTS SHUMER SUSAN SIMONSON CARLA SIROTIAK ANDREW SMITH NANCY I SRINIVASAN BABU STEVENS JANET STEVENSON CHERYL STUEWE MARIE SWAN DONNA SWEDEAN DICK SWEDEAN JOYCE THOMAS DANIEL THORSTENSON ARDIS TRAUTMAN DALE TRAUTMAN NANCY TROJE SHARON TURNHAM DALE TYRE ROYCE UECKER KAREN VAN BECK CONNIE VANDYCK LOIS VARGHESE SHAJI VEGA JOSH VELO JUDY VIHOVDE CAROL VIHOVDE FRED VOGEL STEVEN 4 Not on previous list; new addition VOGT DALE VOLK ARDITH WANDERSEE KAY WARD JERRY WASHINGTON MARY WASVICK LYNN WATTS LINDA WESSEL TOM WETTERLING JOAN WISNEW FRANK WOLF MORGAN WORKE KAREN YAMANAKA LYNN ZIMMERMAN 1JEFFREY 18 Not on previous list; new addition ZINCK IJACKIE JUDGES TO BE ASSIGNED AS CANCELLATIONS OCCUR LAST NAME FIRST PRECINCT NO. COMMENTS AGNEW MARK ANDERSON DON DETLEFSEN SARA HINKEL BEA HOLMAN CHARLES LaPOINTE LISA OLSEN SALLY SHELDON ARLENE LAST NAME FIRST PRECINCT NO. COMMENTS SIEBERT JENNIFER SISK SUE SISK CARL SKLUZACEK TED STEVENS DONALD TEICH JANE THOMPSON WARREN TOWLE MICHELLE WAYTASHEK SARAH WEINHAUS DAWN WEISE SHARON WERNECKE KAY WILLIAMS JEILEEN YARWOOD IRAYMOND 10-m Agenda Information Memo October 5, 2010, Eagan City Council Meeting I. SET PUBLIC HEARING DATE FOR NOVEMBER 4, 2010 TO CERTIFY DELINQUENT FALSE ALARM BILLS ACTION TO BE CONSIDERED: To set a public hearing for November 4, 2010 to consider the final assessment of the delinquent false alarm bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent false alarm balances for certification to property tax statements for collection. ➢ The City currently has five delinquent accounts in the amount of $770. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): 2o Agenda Information Memo October 5, 2010, Eagan City Council Meeting J. SET PUBLIC HEARING DATE FOR NOVEMBER 4, 2010 TO CERTIFY DELINQUENT WEED BILLS ACTION TO BE CONSIDERED: To set a public hearing for November 4, 2010 to consider the final assessment of the delinquent weed cutting bills and certify them to Dakota County for collection with property taxes. FACTS: ➢ On a semi - annual basis, the City reviews and considers delinquent weed cutting balances for certification to property tax statements for collection. ➢ The City currently has 10 delinquent accounts in the amount of $1,610.16. Additional information will be provided at the time of the public hearing. ATTACHMENTS (0): J/ Agenda Information Memo October 5, 2010 Eagan City Council Meeting CONSENT AGENDA K. SET PUBLIC HEARING DATE FOR NOVEMBER 4, 2010 TO CERTIFY DELINQUENT UTILITY BILLS ACTION TO BE CONSIDERED: To set a public hearing for November 4, 2010 to consider the final assessment of the delinquent utility bills and certify them to Dakota County for collection with property taxes. FACTS: On a semi - annual basis, the City reviews and considers delinquent utility balances for certification to property tax statements for collection. No attachments ,3,2_� Agenda Information Memo October 5, 2010, Eagan City Council Meeting CONSENT AGENDA L. Adopt a Resolution accepting a $1000.00 donation from Frances Kuechler ACTION TO BE CONSIDERED: Approve a Resolution accepting a $1000.00 donation from Frances Kuechler to be used by the Eagan Police Department to purchase equipment. FACTS: • On August 7, 2010, Eagan resident Myrtle Neumann Kuechler age 103, passed away at her daughter's home. Police personnel had responded to the residence on previous occasions to assist in her care. • In the days following her death, Myrtle's daughter, Frances Kuechler sent a card accompanied by a $1,000 check on behalf of her mother. The card expressed gratitude for the concern of police staff that helped them. • Records show that the responding officers were Sergeant Brad Ramthun, and Officers Heather Berens, Desiree Carlson, Hugh Curry, Pat Hogan, Tom Nelson, Dan Roseth, Brian Rundquist, Sean Sweeney and Rob Waller. • One of Myrtle's wishes was to make a donation to the Eagan Police Department as a token of her appreciation. • A letter was sent to Frances Kuechler acknowledging the donation. • The donation will be put towards the purchase of Equipment and Technology upgrades. Approving the resolution/accepting the donation will also approve a $1,000 budget adjustment to line item 1104 - 6226- Public Safety Supplies in the police department's budget. ATTACHMENTS Resolution and Letter to Frances Kuechler on pages d 2 I� CITY OF EAGAN RESOLUTION ACCEPTING A DONATION TO THE EAGAN POLICE DEPARTMENT WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Frances Kuechler has presented the Police Department with a grant in the amount of $1000.00, to express her gratitude for the care and concern that Eagan Officers provided her ailing mother, Myrtle Kuechler. This donation was made at the request of Myrtle prior to her death. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two - thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City; BE IT FURTHER RESOLVED, that the City sincerely thanks Frances Kuechler and family for the gracious and generous donation. ADOPTED this 5th day of October, 2010. Motion by: Seconded by: Those in Favor: Those Against: Date: '? Z/ CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk 411� City of Eagan POLICE DEPARTMENT September 17, 2010 JAMES MCDONALD Frances Kuechler Chief of Police 4281 Braddock Trail Eagan, Minnesota 55123 JEFFREY JOHNSON Deputy Chief of Police Dear Ms. Kuechler, STEVE BOLLUYT ROGER NEW With sincere sympathy, please accept the police department's condolences for the passing DUANE PIKE of your 103 year old mother, Myrtle Kuechler, on August 7, 2010. Lieutenants When we spoke on the telephone, you told me you were responsible for your mother's care while she lived with you in Eagan and occasionally needed to contact the Police 3830 Pilot Knob Road Department for assistance. Later, you forwarded a thank you card acknowledging the Eagan, MN 55122 -1897 efforts of all of the officers who "unfailingly treated" each of you with "respect and Phone: 651.675.5700 kindness." Fax: 651.675.5707 TTY: 651.454.8535 You said it was your mother's wish to bequest a donation to the Eagan Police www.cityofeagan.com Department. Consequently, in your card, you included a check for $1,000.00 to show your appreciation for the efforts of our staff. Please know the officers who helped each of you throughout the years were Sergeant Ramthun along with Officers Berens, Carlson, Curry, Hogan, Nelson, Roseth, Rundquist, Sweeney, and Waller. MIKE MAGUIRE I will be certain to acknowledge the police officers noted above. On their behalf, I can Mayor emphatically say they will be humbled by your mother's thoughtfulness and your kind gesture. PAUL BAKKEN CYNDEE FIELDS Once again, I am sorry for your loss, and please contact us if we can be of assistance to GARY HANSEN you in the future. MEG TILLEY Council Members S1nc , THOMAS HEDGES City Administrator James S. McDonald Chief of Police THE LONE OAK TREE Eagan Police Department The symbol of strength and growth in our C/ Personnel Files (noted above) community Police Department Personnel Thomas Hedges, Eagan City Administrator A Agenda Information Memo October 5, 2010, Eagan City Council Meeting CONSENT AGENDA M. Adopt a Resolution accepting a $2700 donation from the Gopher Resource Corporation and its employees. ACTION TO BE CONSIDERED: Approve a Resolution accepting a $2700 donation from the Gopher Resource Corporation and its Employees to be used by the Eagan Police Department to purchase equipment. FACTS: • Gopher Resource is an Eagan Corporation that encourages its employees to raise funds for various community organizations. • Yearly, one organization is selected whereupon the money raised is presented to the recipient at the corporation's annual picnic. • For 2010, the Eagan Police Department was selected to be the recipient whereupon $2700 was presented to Police Chief at the picnic held on Saturday, September 11, 2010. • A letter was sent to Gopher Resource acknowledging their donation. • The donation will be put towards the purchase of Equipment and Technology upgrades. • Approving the resolution/accepting the donation will also approve a $2,700 adjustment to line item 1104 - 6226- Public Safety Supplies in the police department's budget. ATTACHMENTS Resolution and Letter to Gopher Resource on pages g — �( CITY OF EAGAN RESOLUTION ACCEPTING A DONATION TO THE EAGAN POLICE DEPARTMENT WHEREAS, the City Council of the City of Eagan encourages public donations to help defray the costs to the general public of providing services in Eagan; and WHEREAS, Gopher Resource has presented the police department with a grant in the amount of $2700, as part of their employee and corporate support of our community. WHEREAS, Minnesota Statutes §465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two- thirds of the members of the City Council; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Eagan, Dakota County, Minnesota, that the donation is hereby accepted for use by the City's police department; BE IT FURTHER RESOLVED, that the City sincerely thanks Gopher Resource and its employees for their gracious and generous donation. ADOPTED this 5th day of October, 2010. Motion by: Seconded by: Those in Favor: Those Against: Date: J'/ CITY OF EAGAN CITY COUNCIL By: It's Mayor Attest: It's Clerk City of Eapn POLICE DEPARTMENT September 14, 2010 JAMES MCDONALD Chief of Police Mr. John Tapper Chief Operating Officer JEFFREY JOHNSON Gopher Resources Corporation Deputy Chief of Police 3385 Highway 149 STEVE BOLLUYT Eagan, Minnesota 55121 ROGER NEW DUANE PIKE Mr. Tapper, Lieutenants I was contacted earlier this year by Barb Johnson who is an employee of Gopher Resources. She asked if Eagan Police Department Staff would be available to meet with 3830 Pilot Knob Road your employees at your corporation's annual picnic scheduled for Saturday, September Eagan, MN 55122 -1897 11, 2010. From speaking with you, I understand Gopher Resources encourages its Phone: 651.675.5700 employees to become active in the community by raising money for a worthy cause. As Fax: 651.675.5707 an enticement to increase employee participation, your corporation "matches" the money TTY: 651.454.8535 raised by employees. Together, your efforts raised $2,680. www.cityofeagan.com This year Gopher Resources determined the Eagan Police Department would be the benefactor of your fundraising efforts. On behalf of everyone associated with the department, please accept my sincere thank you for your donation. Those of us with knowledge of your gracious act are humbled by your generosity. It is anticipated the MIKE MAGUIRE money will be utilized to upgrade equipment for our frontline staff. Mayor Please extend the department's appreciation to everyone who was involved in this effort PAUL BAKKEN and I am hopeful your employees enjoyed the canine demonstration performed by CYNDEE FIELDS Officers Andy Helgerson and Robbe Waller. GARY HANSEN MEG TILLEY Thank you, and if we can assist you in the future, please do not hesitate to contact me. Council Members Z- ,o e , THOMAS HEDGES City Administrator mes S . McDonald THE LONE OAK TREE Chief of Police The symbol of strength Eagan Police Department and growth in our community C/ Andy Helgerson, Police Officer Robbe Waller, Police Officer '`° File Agenda Information Memo October 5, 2010 Eagan City Council Meeting N. PROJECT 1007, FISH LAKE ALUM DOSING & SETTLING BASIN WETLAND REPLACEMENT ACTION TO BE CONSIDERED: Approve a Wetland Bank Credit Withdrawal for Project 1007 (Fish Lake Alum Dosing & Settling Basin). FACTS: • Project 1007 provides for the modification of the Fish Lake alum dosing process located at the Hurley Lake (Pond JP -11) storm sewer lift station, as well as the construction of a settling basin east of Pond JP -47, located north of Wescott Road and east of Denmark Avenue. • On September 7, 2010, the City Council approved final plans and specifications for Contract 09 -04, (Fish Lake Alum Dosing and Settling Basin — Water Quality Improvements). The final plans included minor impact to an existing wetland. • Because the approved construction plans indicate there will be unavoidable impact to 826 square feet (0.02 acre) of wetland along the edge of Pond JP -47, the City publicly noticed its application for a wetland replacement plan on September 7, 2010, in accordance with Minnesota Wetland Conservation Act rules (MN Rules Ch. 8420). • The public notice indicates a decision will be made by the City Council on the wetland replacement plan application at its October 5, 2010 meeting. • The wetland replacement plan proposes to meet the 2:1 replacement requirements (per MN Rules Ch. 8420.0522, Subp. 4) by withdrawing 0.04 acres from the City's existing wetland bank account, consisting of a wetland bank site in Eureka Township, which presently has 1.94 acres of "wetland credits." This wetland bank site originally included 3.50 acres and has provided wetland credits for a number of City projects, including the construction of Central Parkway/Northwood Parkway. ATTACHMENT: Wetland Replacement Notice Of Application, page 0. Z5 Minnesota Wetland Conservation Act Notice of Application Local Government Unit (LGU) Address City of Eagan 3501 Coachman Point Eagan, MN 55122 1. PROJECT INFORMATION Applicant Name Project Name Date of Application City of Eagan c/o Russ Matthys Fish Lake Alum Dosing Station & Application Number Sedimentation Basin 9/2/2010 10090205 Type of Application (check all that apply): ® Wetland Boundary or Type ❑ No -Loss ❑ Exemption ❑ Sequencing ❑ Replacement Plan ® Banking Plan Summary and descrtntion of DroDosed Droiect (attacn additional sheets as necessa To help satisfy MN Pollution Control Agency (MPCA) Total Maximum Daily Load (TMDL) requirements for Fish Lake, the City proposes to construct a permanent alum settling basin and access driveway for maintenance adjacent to Pond JP -47, a jurisdictional wetland. The project would be the culmination of efforts to improve Fish Lake that began with a diagnostic /feasibility study in 1994 and continued with construction of an alum- dosing facility in 1998 at the Hurley lake lift station, with funding from MPCA's Clean Water Partnership (CWP) program. The facility's purpose is to reduce phosphorus (p) entering Fish Lake by adding into the storm sewer force main alum (aluminum sulfate) that binds with P and other substances as inert sludge. The City operated the alum- dosing facility on a trial basis between 1998 and 2000 and temporarily used Pond JP -47 to accumulate alum sludge, which was subsequently removed in 2004. The City has since sought to construct a permanent alum settling basin between Hurley Lake and Pond JP -47 and recently is acquiring easements on property for this purpose. Plans being developed for 2010 construction of the settling basin indicate there will be unavoidable impact to 826 square feet of JP -47 fringe. 2. APPLICATION REVIEW AND DECISION Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255, Subp. 3 provide notice that an application was made to the City of Eagan under the Wetland Conservation Act as specified above. A copy of the application is attached. Comments can be submitted to: Name and Title Eric Macbeth Water Resources Coordinator Comments must be received by: 4:30 p.m. September 29, 2010 Address Date, time, and location of decision: 3501 Coachman Point October 5,2010; 6:30 p.m. Eagan, MN 55122 Eagan Municipal Center (Council Chambers) 3830 Pilot Knob Rd., Eagan, MN 55122 Phone Number and E -mail Address Decision -maker for this application: (651) 675 -5300 ❑ Staff emacbeth*cityofeagan.com ® Ci Council Signature: BWSR Forms 11 -25 -09 ZP Date: 9/07/2010 Page 1 of 2 Agenda Information Memo October 5, 2010 Eagan City Council Meeting O. CONTRACT 10 -05, FARNUM DRIVE STREETLIGHTS ACTION TO BE CONSIDERED: Approve an Amendment to Contract 10 -05 (Farnum Drive - Street Light Improvements) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • The City Council authorized approximately $30,000 of streetlight improvements with the approval of the 2010 -2014 Capital Improvement Program (CIP) and 2010 operating budget. • Contract 10 -05 provides for the replacement of these City owned street lights in the following locations: o Farnum Drive & Four Oaks Road (7 street light replacements) o Coachman Road & Century Point (1 street light replacement) • On May 18, 2010, the City Council awarded the contract to Xcel Energy for Contract 10 -05 for these improvements. As part of this contract, the new streetlights will now be owned and maintained by Xcel Energy at a different rate schedule. • The original estimate of costs to replace the eight (8) existing lights provided by Xcel Energy was $28,000. The actual total cost for the installations is $21,902. • This contract amendment provides for the installation of a new 250 watt street light at the intersection of Silver Bell Road and Kennebec Drive as needed to enhance visibility and public safety at this location and identified in the CIP. • The estimated cost of this contract amendment provides for a total ADD of $3,740 (13.36% of original contract) resulting in a total contract cost of $25,642. The cost of this additional work will be the responsibility of the Streetlight Utility Fund. • The contract amendment has been reviewed by Public Works Department staff and found to be in order for favorable Council action. Agenda Information Memo October 5, 2010 Eagan City Council Meeting P. CITY CONTRACT NO. 10 -09, CLIFF ROAD TRUNK WATER MAIN CONSTRUCTION ACTIVITY NOISE ACTION TO BE CONSIDERED: Authorize a variance to the Construction Activity Noise Regulations to extend night -time construction activity until midnight (12:00 a.m.), Monday, October 18 through Thursday, October 21, 2010, for Ryan Contracting, Inc., in completion of City Contract No. 10 -09 (Cliff Road Trunk Water Main Improvements). FACTS: • Contract 10 -09 provides for the trunk water main improvements along Cliff Road (County Road 32), between Lexington Avenue and Dodd Road, as programmed for 2010 in the City's 5 -Year Capital Improvement Program (2010 - 2014). The City Council awarded the contract for the project to Ryan Contracting, Inc. on September 21, 2010. • Section 10.37 of the City Code prohibits construction activity or the use of tools and equipment for construction activity between the hours of 10:00 p.m. and 7:00 a.m. within the City. • On September 27, 2010, City staff received a letter from the contractor, requesting that Ryan Contracting crews be allowed to work extend the nighttime working hour limit to midnight (12:00 a.m.), Monday, October 18 through Thursday, October 21, 2010. • The purpose of the request is to limit the length of impact of the construction activity upon the traveling public, and to allow for easier and safer excavation and backfilling of the new water main by the contractor. • The project allows for the temporary closure of Cliff Road from Lexington Avenue to Dodd Road, for 3 days, weather permitting. The contractor's request is for 4 days to allow for the possibility of inclement weather. • Detour routes have been designated on City streets and County roads within Eagan during the closure. Adjacent Eagan residents will have local access to Cliff Road throughout the time of the water main construction. • The City Council approved similar contractor requests to allow construction activity on the TH 149 upgrade (City project - 2007) and the TH 3 overlay (MnDOT project — Spring 2010) to be completed 24 hours a day, Monday through Sunday. • City staff has sent a letter to adjacent residents notifying them of the proposed extended working hours and construction timeline. ATTACHMENTS: • Location Map & Detour Route, page. • Contractor's request, page. • Letter to residents, pages tj oq OW, "COD -iko #*-- ol ui L-A Z r 4 40 C • LL; LL - nq ' L 0 0 M L) � ' FE 0 - —C C'a 0 M L- 0 0 -C 0 I I Co CO 0 0 0 4) 0 0 ' 1 ------------ cn :5- US LU 0- uj tl < O LU LO Li < < U < < 0 61 !ffyANok TING CO. OEVELOP1INIG YOUR WORLD September 27, 2010 City of Eagan Attention: Lane Wegener 3830 Pilot Knob Road Eagan, MN 55122 RE: CLIFF ROAD TRUNK WATERMAIN Eagan, MN (RCC #990) Dear Mr. Wegener: Please accept this letter as our request for extended working hours on the Cliff Road Trunk Watermain project. We would ask for your consideration to work from 7:00am to 12:00pm (midnight) on October 18, 2010 through October 21, 2010, This request is for one simple reason, safety. Due to the close proximity of the watermain to the roadway, we would like to complete as much as possible during the road closure and protect our employees, as well as the public. Thank you for your consideration. Respectfully, Scott E. Enright Vice President Please note our change of address: PO Box 246; 26350 France Ave., Elko, MN 55020 8700 13th Avenue East Shakopee. Minnesota 55379 952- 894 -8200 Fax: 952- 894 -8207 �4 September 29, 2010 Re: NOTICE OF PENDING CONSTRUCTION Cliff Road Trunk Water Main (City Contract 10 -09) Dear Property Owner: Cliff Road Water Main Proiect - On September 21, the City Council awarded a contract to Ryan Contracting, Inc., for the installation of an 18 -inch diameter trunk water main along Cliff Road from Lexington Avenue to Dodd Road (see attached Figure 2). Your property is either adjacent to or takes driveway or street access from the construction work zone. Cliff Road Closure/ Access — Figure 2 shows the new water main being constructed on the south side of Cliff Road (from Lexington Ave to Lakewood Hills Rd) and on the north side (from North Hay Lake Rd to Dodd Rd). This work will also require crossing Cliff Rd in two locations (Lakewood Hills Rd and Oak Pond Rd). In order to dig up Cliff Rd at these locations, Dakota County has authorized a complete road closure for a small segment of Cliff Road, scheduled to begin October 18. The contract specifications have allowed a 72 hour period for the road to be closed, but in case of inclement weather, the road may be closed for up to 96 hours. While Cliff Road will be closed to through traffic during this period, local access to residents will still be maintained from at least one direction. Please see attached map for planned access routes during this temporary closure. Project Safety — To increase worker safety and construction efficiency, it is advisable to have as much water main installed as possible during the road closure for the two required crossings of Cliff Road. The contractor has the ability to mobilize three crews, including all of their construction equipment, to install all of the water main within this short road closure period, as compared to having to perform this work under full traffic conditions on Cliff Road. Contractor Working Hours - At the regular Council meeting on October 5, the City Council will consider a request from the contractor to allow construction activities on this project to continue past 10:00 p.m. to 12:00 a.m. (midnight) from Monday, October 18 through Thursday, October 21. Current City Codes already allow such activities between 7:00 a.m. and 10:00 p.m., so this would provide for just two additional hours on each of these four days. The expected benefit of this extended construction schedule for this week only would be to reduce what would typically take four weeks under traffic conditions to be completed within this 4 day road closure. This letter is being sent to you as a courtesy notice to keep you informed regarding the construction of the Cliff Road Trunk Water main improvement. Status updates can be found on the City's website: www. cityofeagan .com /RoadConstruction and clicking on "Cliff Rd ". Or if you have any questions, please feel free to contact the Engineering Division at 651- 675 -5646. Sincerely, c: Mayor & City Council Tom Hedges, City Administrator Russ Matthys, P.E. Tom Colbert, Director of Public Works City Engineer Chad Davison, Eng. Consultant (Bonestroo) Enc: Construction Location and Access Maps �7`J Agenda Information Memo October 5, 2010 Eagan City Council Meeting O. CONSENT AGENDA METROPOLITAN COUNCIL'S TRANSPORTATION POLICY PLAN ACTION TO BE CONSIDERED: Approve comments to the Metropolitan Council on their 2010 Update to 2030 Transportation Policy Plan. FACTS: • The 2030 Transportation Policy Plan (TPP), prepared by the Metropolitan Council, contains policies and plans to guide development of the transportation system in the Twin Cities metropolitan area to the year 2030. The last update to this Plan was in 2004. • A draft of the current update to the 2030 TPP addresses problems and issues in preserving the region's mobility and describes actions that will be undertaken to preserve, improve, and expand the region's highways, transit, and other transporta- tion modes. It outlines new approaches to highway funding and managing highway congestion, as well as fully utilizing existing capacity. It also includes the first significant aviation update since 1996. • The City's Transportation Consultant, SRF Consulting Group, Inc., reviewed the proposed update in relation to the existing plan and also its impact on the City of Eagan. Various comments have been prepared for the City Council's consideration of submission under the Public Comment period which ends on October 7 ATTACHMENTS: • Comments will be distributed with the Administrative Packet. 1-16 Agenda Information Memo October 5, 2010 Eagan City Council Meeting R. NO PARKING DESIGNATIONS ON VARIOUS STREETS ACTION TO BE CONSIDERED: Approve a resolution to prohibit parking on: 1. The west side of Blackhawk Road from Bluebill Drive to Palisade Circle, and Gabbro Trail to Taconite Trail 2. The east side of Blackhawk Road from Taconite Trail To Gabbro Trail, and Palisade Circle to Silver Bell Road; 3. The north side of Deerwood Drive from Blackhawk Road to approximately 375 feet east; 4. Both sides of Denmark Avenue from Northwood Parkway to Lone Oak Road; and, 5. Both sides of Clubview Drive from Denmark Avenue to Lexington Avenue. FACTS: Blackhawk Road (Items 1 -3) • Revisions were made to the lane configurations at the Blackhawk Road/Silver Bell Road and Blackhawk Road/Deerwood Drive intersections as part of Contract 10 -01 ( Blackhawk Road & Kennebec Drive - Street Improvements) to better accommodate current turning movements, future traffic volumes and reduce delays at these intersections. • As a designated Municipal State Aid route, it is desirable for the City to obtain the use of State Aid funding to reimburse the construction costs of the proposed improvements. • The lane configurations at these intersections meet the State Aid standards for intersection approaches without on- street parking on both sides of the street. • Minnesota Rules Chapter 8820 (State Aid standards) requires the prohibition of parking on all State Aid designated roadways where parking lanes are not provided. • While improvements associated with Contract 10 -01 did not extend onto Deerwood Drive, the north side of this intersection contains a dedicated right -turn lane which eliminates on street parking and should also be designated no parking for the above reasons. • There will be a total of 8 homes with direct driveway access affected by these restrictions. Denmark Avenue (Item 4) • The expansion of the USPS's Bulk Mail Center is nearing completion at which time the newly constructed portion of Denmark Avenue across the USPS property will be opened to public travel. • As a designated Municipal State Aid route, it is desirable for the City to use State Aid funding to reimburse for ongoing maintenance and future construction costs of this roadway. • No parking lanes are provided as part of the design of this segment of Denmark Avenue. Minnesota Rules Chapter 8820 (State Aid standards) requires the prohibition of parking on all State Aid designated roadways where parking lanes are not provided. • It is advantageous and timely for the City to consistently designate both sides of Denmark Avenue, from Northwood Parkway to Lone Oak Road, as No Parking prior to the newly constructed portion of Denmark Avenue being opened for public travel. Clubview Drive (Item 51 • The existing lane and intersection configurations of Clubview Road from Denmark Avenue to Lexington Avenue do not accommodate on- street parking. • As a designated Municipal State Aid route, it is desirable for the City to use State Aid funding to reimburse for ongoing maintenance and future construction costs of this roadway. • Minnesota Rules Chapter 8820 (State Aid standards) requires the prohibition of parking on all State Aid designated roadways where parking lanes are not provided. • It is advantageous for the City to uniformly designate both sides of Clubview Drive, from Denmark Avenue to Lexington Avenue, as No Parking in concert with the designation along Denmark Avenue. ATTACHMENTS • Location maps, pages through J-6 1Z/Y 941 lop 1 ga a eao \v II H I, 05 {� f I� i= �� I � �arr,✓v > � � � r o y s Mo� mm A • 6 ,. : _. � /% Gib . 1, f 4.: :-- si- AT T �" � //. ,... - ss �,. � mss% y,✓ � �%� ' '.. a. Agenda Information Memo October 5, 2010 Eagan City Council Meeting S. CONTRACT 09 -20, FIRE SAFETY CENTER/ STATION TRAIL STREET & UTILITY IMPROVEMENTS ACTION TO BE CONSIDERED: Approve Change Orders No. 3 and 4 to Contract 09- 20 (Fire Safety Center/ Station Trail — Site Grading & Utilities) and authorize the Mayor and City Clerk to execute all related documents. FACTS: • Contract 09 -20 provides for the site grading, building pad preparation, and utility services, including sanitary sewer, water main, and storm sewer, for the Fire Safety Center as presented in a schematic design to the City Council on August 11, 2009. • On March 16, 2010, the City Council awarded the base bid for Contract 09 -20 for these improvements. • Change Order #3 provides for the excavation, backfill and compaction of the geo- thermal heating/ cooling system return lines located in the east parking lot of the Fire Safety Center. This work was inadvertently omitted from the original building and site work contract bid items. Change Order #3 provides for a total ADD of $9,822.50 (1.58% of original contract). The cost of the additional work will be the responsibility of the City's Fire Safety Campus Fund. • Change Order #4 provides for screening of on -site sand material needed to remove larger aggregate not meeting the specifications for the sand cushion subgrade needed under the concrete slab -on -grade floors of the Fire Safety Center. Change Order #4 provides for a total ADD of $4,500.00 (0.73% of original contract). The cost of the additional work will also be the responsibility of the City's Fire Safety Campus Fund. • These change orders have been reviewed by the Fire Department and Engineering Division and found to be in order for favorable Council action. S/ Agenda Information Memo October 5, 2010 Eagan City Council Meeting T. PROJECT 971, DUCKWOOD DRIVE OVERPASS EASEMENT ACQUISITION ACTION TO BE CONSIDERED: Approve a resolution authorizing the acquisition of Street, Trail, Drainage & Utility easements and Temporary construction easements for Project 971 (Duckwood Drive Overpass — Bridge and Street Improvements) through Eminent Domain proceedings, if necessary, and authorize the Mayor and City Clerk to execute all related documents. FACTS: • On March 16, 2010, the City Council amended the Part III 5 -Year Capital Improvement Program (2010 -2014) to incorporate the placement of Contract 09 -18 (Duckwood Drive /Federal Drive - Bridge /Street Improvements) in 2011. The improvement includes the construction of the Duckwood Drive Overpass and associated street improvements. • The construction of an overpass for Duckwood Drive requires the acquisition of permanent and temporary easements from a number of impacted properties. • There are nine properties that will be impacted by the construction of the proposed improvements. Appraisals have been obtained for all required easements. Offers were accordingly forwarded to the legal representative of each property. Each of the representatives have acknowledged the City's respective offer. • The City has already approved an easement agreement with one property owner and has received verbal consent from four other property owners. • While staff continues its negotiations with the remainder of the property owners or their representatives, in order to keep the proposed improvements on schedule for a favorable bidding opportunity during this upcoming winter, it would be in the City's best interest to formally initiate Eminent Domain proceedings on any unresolved easements. ISSUES: • If the City Council would desire to discuss this item, it would be appropriate to direct any discussion to a Closed Session due to the pending litigation status of such easement acquisitions. sc--L Agenda Information Memo October 5, 2010, Eagan City Council Meeting U. APPROVE STAFF AS MEMBERS OF THE ABSENTEE BALLOT BOARD ACTION TO BE CONSIDERED: To approve the list of additional staff members to serve as election judges on the absentee ballot board for the November 2, 2010 General Election. FACTS: ➢ At the September 7 City Council meeting, four staff members were appointed to serve on the absentee ballot board allowing them to accept or reject returned absentee ballots. Due to the increased volume of absentee ballots being cast for the General Election, it is necessary to add more staff to serve on the absentee ballot board. Staff, in addition to other election judges, may serve on the board if they have been trained as election judges and declare a party affiliation. ➢ As background, the ballot board must accept or reject returned absentee ballots within five days of receipt except that during the 14 days immediately preceding an election the board must accept or reject ballots within three days. If a ballot is rejected at least five days prior to an election, a replacement ballot must be sent to the voter. If rejected within five days of the election, an attempt must be made to notify the voter by telephone or email of the rejection. ➢ The list of additional staff being recommended for appointment to the absentee ballot board are identified below: Mira Broyles Peggy Fleck Mary O'Brien ATTACHMENTS (0) �j Agenda Memo City Council Meeting October 1, 2010 CONSENT AGENDA: V. Tree Maintenance Contractor License for B & M Tree Service ACTION TO BE CONSIDERED: Approve Tree Maintenance Contractor License for Ben Isder and Mary Warzecha, B & S Tree Service, 23241225 1h Avenue, Pierz, MN FACTS: Ben Isder and Mary Warzecha have applied for Tree Maintenance Contractor license for 2010 and all requirements of the application have been met and the fee has been paid. Staff recommends approval. ATTACHMENTS: None. The application is available for review in the Administration Department. s;� Agenda Information Memo October 5, 2010 Eagan City Council Meeting A. PROJECT 1018, GREENSBORO ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1018 (Greensboro Additions - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1018 provided for the street improvements of various streets within the Greensboro Addition, and the removal of Hunter Lane street stub, located west of Woodlands Elementary School and north of Wescott Road. • The Final Assessment Roll was presented to the City Council on September 7, 2010, with a public hearing scheduled for October 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 10% less than the estimated benefit amounts that were presented at the original Public Hearing on February 16, 2010. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 29 to address all property owners' questions or concerns and provide any additional information of interest. Of the 80 single - family parcels being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages5 6 through . �J� FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 1018 Assessment: October 5, 2010 Name: Greensboro Addition Project Approval Date: January 5, 2010 Street Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit /Trunk WATER TS REET ❑ Trunk ❑ Gravel Base ❑ Lateral R1 Surf. /Signs - Direct Access $ 1,219.37 $ 1,350 SF Hunter Lane Removal ❑ Service ❑ TH - Indirect Access ❑ Lat. Benefit /Trunk ❑ C/I Equivalent ❑ WAC ❑ Driveway OTHER STREETLIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 10 -02 80 5 Yrs 5.0% $97,550.01 $110,690.04 $108,200 FR $131,700 FR City of Eagan ma To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 14, 2010 Subject: Final Assessment Roll, Project 1018 Greensboro Addition Street Overlay Improvements At the public hearing on January 5, 2010, the City Council ordered Project 1018, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay, replacement of traffic and street signage for the streets within the Greensboro Addition neighborhood, the removal of the Hunter Lane stub street (subsequently vacated) and restoration including new trail, and replacement of curb and gutter as needed. In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvements, and 100% of the Hunter Lane street removal, in accordance with the City Special Assessment Policy. The improvements were completed under Contract 10 -02. The following information was used in the preparation of the assessment roll for Project 1018. PROJECT COST The construction cost includes the amount of $163,033.88 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $850.55. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $44,355.62 were incurred resulting in an improvement and project cost of $208,240.05. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. �5 7 CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COSTS REPORT Mill & Overlay /Sign $100,120.25 $27,097.73 $127,217.98 $171,400 Repair Curb & Gutter 37,052.68 10,028.38 47,081.06 $46,000 Hunter Lane Removal 26,711.50 7,229.52 33,941.02 $22,500 $163,884.43 $44,355.62 $208,240.05 $239,900 �5 7 ASSESSMENTS TRUNK ASSESSMENTS -No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. • STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: MILL & OVERLAY UNIT UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization LS 1.00 $ 5,000.00 $ 5,000.00 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY 6,410.00 0.82 5,256.20 Type LVWE45030B Wearing Course Mixture TON 1,417.00 45.00 63,765.00 Type LVWE45030B Wear Course - Patching TON 11.95 110.00 1,314.50 Bituminous Material for Tack Coat GAL 1,345.00 2.20 2,959.00 Adjust Gate Valve Box EA 6.00 180.00 1,080.00 Adjust Frame and Ring Casting (Manhole) EA 24.00 400.00 9,600.00 Adjust Manhole Casting - Riser Adjustment EA 8.00 165.00 1,320.00 Repair Gate Valve Mid Section EA 4.00 380.00 1,520.00 Repair Gate Valve Top Section w /Cover EA 8.00 365.00 2,920.00 Traffic Control LS 1.00 4,535.00 4,535.00 Traffic Signs LS 1.00 850.55 850.55 Subtotal 100,120.25 Other costs @ 27.07% 27,097.73 Mill & Overlay/ Street Sign Cost HUNTER LANE STREET REMOVAL ITEM Remove Concrete Curb and Gutter Remove Bituminous Pavement Sawcut Bituminous Pavement Common Excavation Select Topsoil Borrow Type LVWE45030B Wear Course - Patching Remove & Replace Topslab & Cstg. (48 ", Neenah Concrete Curb & Gutter D412 S 127,217.98 2 S8� UNIT EXTENDED UNIT QTY PRICE COST LF 310.00 S 5.50 1,705.00 SY 337.00 4.00 1,348.00 LF 280.00 2.35 658.00 CY 95.00 30.00 2,850.00 CY 188.00 28.00 5,264.00 TON 5.30 110.00 583.00 EA 1.00 1,800.00 1,800.00 LF 80.00 12.85 1,028.00 2 S8� Sodding, Type Lawn (Highland) Remove & Repl Catch Basins w/ Cstg. Subtotal Other costs a 27.07% Hunter Lane Removal Cost SY 460.00 9.20 4,232.00 EA 2.00 3,621.75 7,243.50 26,711.50 7,229.52 S 33,941.02 • IMPROVEMENT AND ASSESSMENT RATES Low Density Residential Street Improvements- The improvement and assessment rate for the street improvements for low- density residential properties is computed as follows: [$127,217.98 (Mill & Overlay Cost) x 50 %] = $63,608.99 Total Residential Assessment $63,608.99 (Total Residential Assessment) 4 $795.11 /lot 80 Equivalent Single Family Residential Lots Hunter Lane Street Removal - The improvement and assessment rate for the street removal for low density residential properties is computed as follows: $33.941.02 (Total Residential Assessment) 4 5424.26 / lot 80 Equivalent Single Family Residential Lots TOTAL ASSESSMENT = S1,219.37/ Lot a ASSESSMENT TERMS - The assessments are proposed for a term of 5 years for residential properties. The interest rate is 5.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMF�,�; T IMPROVENIE NT COST REVENUE Mill & Overlay /Sign $127,217.98 $63,608.99 Repair Curb & Gutter 47,081.06 0.00 Hunter Lane Removal 33,941.02 33.941.02 CITY RESPONSIBILITY $63,608.99 47,08 1.06 0.00 5208,240.05 597,550.01 5110,690.04 ■ CITY FUND RESPONSIBILITY Major Street Fund: S110,690.04 59 61 Joh Gorder, P.E. Revietived r -,I 6 � Public Works Department aj - -Z9 - to Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Date lP C/-) Combined Assessment Roll Project Numher PA1018 Pend ing Pro osed P PID Address Additioiz Name Assessment Varimzce Assessment 10- 30900 - 010 -01 3795 Greensboro Dr Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 010 -02 3794 Greensboro Dr Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 010 -03 3770 Greensboro Dr Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 010 -04 3740 Greensboro Dr Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 020 -01 3789 Greensboro Dr Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 020 -02 3788 Greensboro Dr Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 020 -03 3764 Greensboro Dr Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 020 -04 1007 Cross Rd Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 030 -01 3783 Greensboro Dr Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 030 -02 3782 Greensboro Dr Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 030 -03 3758 Greensboro Dr Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 030 -04 1001 Cross Rd Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 040 -01 3777 Greensboro Dr Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 040 -02 1006 Greensboro Lane Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 040 -03 3752 Greensboro Dr Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 040 -04 999 Cross Rd Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 050 -01 3771 Greensboro Dr Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 050 -02 1000 Greensboro Lane Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 050 -03 1002 Cross Rd Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 050 -04 997 Cross Rd Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 060 -01 3765 Greensboro Dr Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 060 -02 3785 Greensboro Ct Greensboro lst $1,350.00 - $130.63 $1,219.37 10- 30900 - 060 -03 971 Greensboro Lane Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 070 -01 3759 Greensboro Dr Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 070 -02 3791 Greensboro Ct Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 070 -03 977 Greensboro Lane Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 080 -01 3753 Greensboro Dr Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 080 -02 3786 Greensboro Ct Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 080 -03 983 Greensboro Lane Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 090 -01 3747 Greensboro Dr. Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 090 -02 3780 Greensboro Ct Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900- 090 -03 989 Greensboro Lane Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 100 -02 988 Greensboro Lane Greensboro 1st $1,350.00 - $130.63 $1,219.37 10- 30900 - 100 -03 1005 Greensboro Lane Greensboro 1st S1,350.00 - $130.63 $1,219.37 10- 30900 - 110 -02 982 Greensboro Lane Greensboro 1st $1,350.00 - S130.63 $1,219.37 10- 30900- 120 -02 976 Greensboro Lane Greensboro 1st S1,350.00 - S130.63 51,219.37 10- 30900- 130 -02 970 Greensboro Lane Greensboro 1st $1,350.00 - S130.63 $1,219.37 10- 30900 - 140 -02 964 Greensboro Lane Greensboro 1st S1,350.00 - $130.63 $1,219.37 10- 30901 - 010 -01 3735 Greensboro Dr Greensboro 2nd $1,350.00 - 5130.63 $1,219.37 1C- 30901 - 010 -02 3719 Greensboro Dr Greensboro 2nd $1,350.CC - S130.63 $1,219.37 Wednesday, September 29, 2010 Page 1 of 2 Combined Assessment Roll Project Number PA1018 Pending Proposed P PID Address Addition Name Assessment Variance Assessment 10- 30901 - 010 -03 3711 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 S1,219.37 10- 30901 - 010 -04 3738 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 010 -05 956 Greensboro Lane Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 010 -06 3671 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 020 -01 3739 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901- 020 -02 3723 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 020 -03 3707 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 020 -04 3734 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 020 -05 960 Greensboro Lane Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 020 -06 3667 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 030 -01 3743 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 030 -02 3727 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 030 -03 3703 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901- 030 -04 3728 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 030 -05 3676 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 030 -06 3663 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 040 -02 3731 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 040 -03 3699 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 040 -04 3722 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 040 -05 3672 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 040 -06 3659 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 S1,219.37 10- 30901 - 050 -03 3695 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 050 -04 3716 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 050 -05 3668 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 050 -06 3655 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 060 -03 3691 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 060 -04 3710 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 060 -05 3664 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 060 -06 3651 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 070 -03 3687 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 070 -04 3704 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 070 -05 3660 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 080 -03 3683 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 080 -04 3698 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901 - 080 -05 3656 Greensboro Dr Greensboro 2nd $1,350.00 - S130.63 $1,219.37 10- 30901 - 090 -03 3679 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 S1,219.37 10- 30901 - 090 -04 957 Greensboro Lane Greensboro 2nd $1,350.00 - $130.63 $1,219.37 10- 30901- 090 -05 3652 Greensboro Dr Greensboro 2nd $1,350.00 - $130.63 S1,219.37 10- 30901 - 100 -03 3675 Greensboro Dr Greensboro 2nd $1,350.00 - S130.63 S1,219.37 10- 30901 - 100 -04 961 Greensboro Lane Greensboro 2nd 51,350.00 - S130.63 51,219.37 Summary for'SA_Nbr' = PA 1018 (80 detail records) Sum $108,000.00 - $10,450.40 $97,549.60 Wednesdrry, September 29, 2010 Pa; e 2 of 2 HUNTER LANE STUB Z NORTH J STREET REMOVAL MODIFIED FOR TRAIL ACCESS) LIJ r--- 1 3723 3719 3711 3707 3703 3727 0 40 0 0 3699 3731 3695 3735 369 3687 3728 3722 3716 3710 3704 • 3739 3734 3698 957 ® 3683 3738 1007 1001 999 961 3743 0 0 997 U • CROSS 3740 — 3679 3747 fl' 0 971 956 3753 Cf) 3752 Z 977 960 3675 LU 1002 LLJ 37590 0 3758 983 964 3676 • 9 3672 *3671 0 3765 0 • 3764 98 0 1005 976 3771 ® ® ® �� ® 982 3668 03667 3770 � 9 3777 88 3780 3664 0 3663 3782 36601 0 1 3783 1000 3659 3788 1006 3789 3656 3655 0 3795 3786 3794 3785 ® 791 3652 M M 15a IM WESCOTT ROAD City of Eap Engineering Department LEGEND ® Assessment Area Street Improvements Residential Lots - Street Overlay $ 795.11 /Lot Hunter Lane Removal $ 424.26 / Lot Total $ 1,219.37 / Lot Greensboro Addition Street Revitalization - Project 1018 Fig. 1 Final Assessments Agenda Information Memo October 5, 2010 Eagan City Council Meeting B. PROJECT 1023, EAGAN ROYALE/ SAFARI ESTATES/ SAFARI 3" & 4TH ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1023 (Eagan Royale/ Safari Estates/ Safari 3`d & 4 1 Additions - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1023 provided for the street improvements of various streets within the Eagan Royale/ Safari Estates/ Safari 3`d & 4"' Additions neighborhood located north of the Apple Valley border and west of Galaxie Avenue. • The Final Assessment Roll was presented to the City Council on September 7, 2010, with a public hearing scheduled for October 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 25% less than the estimated benefit amounts that were presented at the original Public Hearing on February 16, 2010. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 30 to address all property owners' questions or concerns and provide any additional information of interest. Of the 122 parcels (121 single- family, 1 City facility) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages[ysthrough_�� 6� FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 1023 Assessment: October 5, 2010 Name: Eagan Royale/ Safari Est etal Project Approval Date January 19, 2010 Street Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY SEWER STORM SEWER uTrunk uTrunk LJ Lateral U Service LJ Lat. Benefit /Trunk WATER STREET uTrunk LJ Gravel Base LJ Lateral u Surf. /Signs - Direct Acces $817.96 $1,090 / SF LJ Service u TH - Indirect Access U Lat. Benefit/Trunk LJ C/I Equivalent LJ WAC u Driveway OTHER STREETLIGHTS uService Pair uInstallation LJ Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 10 -02 122 5 Yrs 5.0% $100,609.12 $186,358.06 $133,900 FR 211,200 FR 4 City of Eagan Memo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 9, 2010 Subject: Final Assessment Roll, Project 1023 Eagan Royale/ Safari Estates/ Safari 3 & 4 Additions Street Overlay Improvements At the public hearing on January 19, 2010, the City Council ordered Project 1023, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street signage for the streets within the Eagan Royale/ Safari Estates/ Safari 3 & 4 neighborhood, and replacement of curb and gutter as needed. In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 10 -02. The following information was used in the preparation of the assessment roll for Project 1023. PROJECT COST The construction cost includes the amount of $232,059.28 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,848.20. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $53,059.70 were incurred resulting in an improvement and project cost of $286,967.18. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COSTS REPORT Mill & Overlay /Sign Repair Curb & Gutter $164,013.35 $69,894.13 $37,204.88 $15,854.82 $233,907.48 $53,059.70 $201,218.23 $267,800 85,748.95 $77,300 $286,967.18 $345,100 ASSESSMENTS Y TRUNK ASSESSMENTS -No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. G STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization LS 1.00 S 5,000 $ 5,000.00 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY 11,400.00 0.82 9,348.00 Type LVWE45030B Wearing Course Mixture TON 2,669.05 45.00 120,107.25 Type LVWE45030B Wear Course - Patching TON 34.29 110.00 3,771.90 Bituminous Material for Tack Coat GAL 1,290.00 2.20 2,838.00 Adjust Gate Valve Box EA 4.00 180.00 720.00 Adjust Frame and Ring Casting (Manhole) EA 24.00 400.00 9,600.00 Adjust Manhole Casting - Riser Adjustment EA 34.00 165.00 5,610.00 Repair Gate Valve Mid Section EA - 380.00 - Repair Gate Valve Top Section w /Cover EA - 365.00 - Remove & Replace Frame & Ring Casting (27 ") EA 1.00 635.00 635.00 Traffic Control LS 1.00 4,535.00 4,535.00 Traffic Signs LS 1.00 1,848.20 1,848.20 Subtotal 164,013.35 Other costs @ 22.68% 37,204.88 Mill & Overlay/ Street Sign Cost S 201,218.23 e IMPROVEMENT AND ASSESSMENT RATES Low Density Residential - The improvement and assessment rates for low- density residential properties is computed as follows: $ 201,218.23 (Mill & Overlay Cost + Signage Cost) x 50 %] = $100,609.12 [Res Assessmnt (R -1)] $100,609.12 (Total Residential Assessment) --> S817.96 / lot 123 Single Family Residential Lots (incl. 2 City property equivalents) Safari Reservoir (City Property) — Street Revitalization Improvements Safari Reservoir is adjacent to and takes access from streets within this neighborhood. It is proposed to assess the City property for 2 comparable lot equivalencies in this neighborhood of single- family lots. The City's Assessment Policy states that 50% of the mill and overlay costs are assessable for City properties based on a normal residential width street (32 feet). Since the cost per residential lot equivalent to be assessed is 5817.96 per Single Family Lot, 2 based on the City Assessment Policy, the Park assessment is calculated as follows: $817.96 per Residential Lot x 2 Equivalent Residential Lots = S1,635.92 Park Assessment o ASSESSMENT TERMS - The assessments are proposed for a term of 5 years for residential and City properties. The interest rate is 5.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Mill & Overlay /Sign $ 201,218.23 $ 100,609.12 $ 100,609.11 Repair Curb & Gutter 85,748.95 - 85,748.95 S 286,967.18 S 100,609.12 S 186,358.06 ■ CITY FUND RESPONSIBILITY Major Street Fund: S 186,358.06 JolIn Gorder, P.E. Reviewed Public Works Department eq- -Z c j -- i 0 Date Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan. Accountant I Combined Assessment Roll Project Number PA 1023 PID Address Addition Name 10- 22475 - 010 -01 2001 Royale Dr Eagan Royale 10- 22475 - 010 -02 2029 Royale Dr Eagan Royale 10- 22475 - 010 -03 2002 Royale Dr Eagan Royale 10- 22475 - 010 -04 2119 Royale Dr Eagan Royale 10- 22475 - 010 -05 2089 Royale Dr Eagan Royale 10- 22475 - 020 -00 2091 Royale Dr Eagan Royale 10- 22475 - 020 -01 2005 Royale Dr Eagan Royale 10- 22475 - 020 -02 2033 Royale Dr Eagan Royale 10- 22475 - 020 -03 2006 Royale Dr Eagan Royale 10- 22475 - 020 -04 2115 Royale Dr Eagan Royale 10- 22475 - 020 -05 2085 Royale Dr Eagan Royale 10- 22475 - 030 -01 2009 Royale Dr Eagan Royale 10- 22475 - 030 -02 2037 Royale Dr Eagan Royale 10- 22475 - 030 -03 2010 Royale Dr Eagan Royale 10- 22475 - 030 -04 2111 Royale Dr Eagan Royale 10- 22475 - 030 -05 2080 Royale Ct Eagan Royale 10- 22475 - 040 -01 2013 Royale Dr Eagan Royale 10- 22475 - 040 -02 2041 Royale Dr Eagan Royale 10- 22475 - 040 -03 2014 Royale Dr Eagan Royale 10- 22475 - 040 -04 2107 Royale Dr Eagan Royale 10- 22475 - 040 -05 2084 Royale Ct Eagan Royale 10- 22475 - 050 -01 2017 Royale Dr Eagan Royale 10- 22475 - 050 -02 2045 Royale Dr Eagan Royale 10- 22475 - 050 -03 2018 Royale Dr Eagan Royale 10- 22475 - 050 -04 2103 Royale Dr Eagan Royale 10- 22475 - 050 -05 2088 Royale Ct Eagan Royale 10- 22475 - 060 -01 2021 Royale Dr Eagan Royale 10- 22475 - 060 -02 2049 Royale Dr Eagan Royale 10- 22475 - 060 -03 4924 Royale Way Eagan Royale 10- 22475 - 070 -02 2053 Royale Dr Eagan Royale 10- 22475 - 070 -03 4928 Royale Way Eagan Royale 10- 22475 - 080 -02 2057 Royale Dr Eagan Royale 10- 22475- 080 -03 4932 Royale Way Eagan Royale 10- 22475 - 090 -02 2061 Royale Dr Eagan Royale 10- 22475 - 090 -03 4929 Royale Way Eagan Royale 10- 22475 - 100 -02 2065 Royale Dr Eagan Royale 10- 22475 - 100 -03 4925 Royale Way Eagan Royale 10- 22475 - 110 -02 2069 Royale Dr Eagan Royale 10- 22475 - 110 -03 2022 Royale Dr Eagan Royale 10- 22475 - 120 -02 2073 Royale Dr Eagan Royale 10- 22475- 120 -03 2026 Royale Dr Eagan Royale Wednesday, September 29, 2010 Pending Proposed Assessment Variance Assessment $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $2,140.00 - $504.08 $1,635.92 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 4272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - S272.04 $817.96 S1,090.00 - S272.04 $817.96 S1,090.00 - $272.04 $817.96 S1,090.00 - $272.04 $817.96 $1,090.00 - S272.04 $817.96 Page 1 of 3 Combined Assessment Roll Project Number PA 1023 Petuling Proposed PID Address Addition Name Assessment Variame Assessment 10- 22475 - 130 -02 2079 Royale Ct Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 130 -03 2030 Royale Dr Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 140 -02 2087 Royale Ct Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 140 -03 2034 Royale Dr Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 150 -02 2095 Royale Ct Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 150 -03 2042 Royale Dr Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 160 -02 2099 Royale Ct Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 160 -03 2050 Royale Dr Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475- 170 -02 2105 Royale Ct Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 170 -03 2058 Royale Dr Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 180 -02 2109 Royale Ct Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 180 -03 2062 Royale Dr Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 190 -02 2104 Royale Ct Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 190 -03 2070 Royale Dr Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 200 -02 2100 Royale Ct Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 200 -03 2078 Royale Dr Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 210 -02 2096 Royale Ct Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 210 -03 2082 Royale Dr Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 220 -02 2092 Royale Ct Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 220 -03 2086 Royale Dr Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 230 -03 2090 Royale Dr Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 240 -03 2094 Royale Dr Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 250 -03 2098 Royale Dr Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 260 -03 4979 Royale PI Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 270 -03 4975 Royale PI Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 280 -03 4972 Royale PI Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 290 -03 4976 Royale PI Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 300 -03 2106 Royale Dr Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 310 -03 2110 Royale Dr Eagan Royale $1,090.00 - $272.04 $817.96 10- 22475 - 320 -03 2114 Royale Dr Eagan Royale $1,090.00 - $272.04 $817.96 10- 40250 - 010 -01 2050 Safari Heights Tr Justin Dean Frank $1,090.00 - $272.04 $817.96 10- 65851- 010 -01 1997 Safari Tr Safari Estates 2nd $1,090.00 - $272.04 $817.96 10- 65851 - 010 -02 2002 Safari Heights Tr Safari Estates 2nd $1,090.00 - $272.04 $817.96 10- 65851 - 020 -01 2001 Safari Tr Safari Estates 2nd $1,090.00 - $272.04 $817.96 10- 65851 - 020 -02 2006 Safari Heights Tr Safari Estates 2nd $1,090.00 - $272.04 $817.96 10- 65851 - 030 -01 2005 Safari Tr Safari Estates 2nd $1,090.00 - $272.04 $817.96 10- 65851 - 030 -02 2010 Safari Heights Tr Safari Estates 2nd $1,090.00 - $272.04 $817.96 10- 65851 - 040 -01 2009 Safari Tr Safari Estates 2nd $1,090.00 - $272.04 $817.96 10- 65851 - 040 -02 2014 Safari Heights Tr Safari Estates 2nd $1,090.00 - $272.04 $817.96 10- 65851 - 050 -01 1998 Safari Tr Safari Estates 2nd $1,090.00 - $272.04 $817.96 10- 65851 - 050 -02 2018 Safari Heights Tr Safari Estates 2nd 51,090.00 - $272.04 $817.96 10- 65851 - 060 -01 1994 Safari Tr Safari Estates 2nd $1,090.00 - 5272.04 $817.96 10- 65851 - 060 -02 2026 Safari Heights Tr Safari Estates 2nd $1,090.00 - $272.04 $817.96 lVerinesrlay, September 29, 2010 Page 2 of 3 ME Combined Assessment Roll Project Number PA1023 PID Address Addition Name 10- 65851 - 070 -01 1990 Safari Tr Safari Estates 2nd 10- 65851 - 070 -02 4890 Royale Tr Safari Estates 2nd 10- 65851 - 080 -01 2003 Safari Heights Tr Safari Estates 2nd 10- 65851 - 080 -02 4894 Royale Tr Safari Estates 2nd 10- 65851 - 090 -01 2007 Safari Heights Tr Safari Estates 2nd 10- 65851 - 090 -02 4898 Royale Tr Safari Estates 2nd 10- 65851 - 100 -01 2011 Safari Heights Tr Safari Estates 2nd 10- 65851 - 100 -02 4902 Royale Tr Safari Estates 2nd 10- 65851 - 110 -01 2015 Safari Heights Tr Safari Estates 2nd 10- 65851 - 120 -01 2019 Safari Heights Tr Safari Estates 2nd 10- 65851 - 130 -01 2023 Safari Heights Tr Safari Estates 2nd 10- 65851 - 140 -01 2027 Safari Heights Tr Safari Estates 2nd 10- 65851 - 150 -01 2031 Safari Heights Tr Safari Estates 2nd 10- 65851 - 160 -01 2035 Safari Heights Tr Safari Estates 2nd 10- 65851 - 170 -01 2039 Safari Heights Tr Safari Estates 2nd 10- 65851 - 180 -01 2041 Safari Heights Tr Safari Estates 2nd 10- 65851 - 190 -01 2045 Safari Heights Tr Safari Estates 2nd 10- 65851 - 210 -01 2046 Safari Heights Tr Safari Estates 2nd 10- 65851 - 220 -01 2042 Safari Heights Tr Safari Estates 2nd 10- 65851 - 230 -01 4897 Royale Tr Safari Estates 2nd 10- 75852 - 010 -01 1975 Covington Lane The Safari 3rd 10- 75852 - 010 -02 1982 Safari Tr The Safari 3rd 10- 75852 - 010 -03 1974 Covington Lane The Safari 3rd 10- 75852 - 020 -01 1989 Safari Tr The Safari 3rd 10- 75852 - 020 -02 1978 Safari Tr The Safari 3rd 10- 75852 - 020 -03 1981 Safari Tr The Safari 3rd 10- 75852 - 030 -02 1974 Safari Tr The Safari 3rd 10- 75852 - 030 -03 1977 Safari Tr The Safari 3rd 10- 75852- 040 -02 1970 Safari Tr The Safari 3rd 10- 75852 - 040 -03 1973 Safari Tr The Safari 3rd 10- 75852 - 050 -02 1968 Safari Tr The Safari 3rd 10- 75852 - 050 -03 1969 Safari Tr The Safari 3rd 10- 75852 - 060 -03 1965 Safari Tr The Safari 3rd 10- 75852 - 071 -02 1966 Safari Tr The Safari 3rd 10- 75852 - 072 -02 1964 Safari Tr The Safari 3rd 10- 75852 - 080 -02 1962 Safari Tr The Safari 3rd 10- 75853 - 010 -01 1993 Safari Tr The Safari 4th 10- 75853 - 010 -02 1986 Safari Tr The Safari 4th Summary for'SA_NbrJ = PA 1023 (122 detail records) Sum $817.96 $1,090.00 IVednesday, September 29, 2010 7/ Pending Proposed Assessment Variance Assessment $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272,04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 S817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - 5272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 S817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 5817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - $272.04 $817.96 $1,090.00 - S272.04 S817.96 $134,030.00 -$33,420.92 $100.609.08 Page 3 of 3 NOR," i \ 4e 01 � F- z - - z a 2001 1997 1975 • C)1 1 0 1974 ♦ ®1�` • 1993 1989 2005 Sr` P�\ 0 • 1991 O 1977 ♦ 2009 • �R. • ® 7990 1986 • ` � ` • 1973 • / • 1982 • 1998 1994 19781974 • \ ` W 1969 ➢• . 1970 IT 1968 • •1 D 1965 Q� II 2027 2023 Si�.FJ 19 • 2031 -- - N`'`� I • • 2019 1966 • \ �• 'fj 2035• - 0 2015 : 1962 C- • C I � 1964 �j 02099 2078 2082 2086 2090 2094 O / ) 4976 2104 ® \ O'L 2095 20730 O ® ® 0 2098• C21 d 2110 2114 , ♦� ®` <0 20 2o7s ® ®_ RO ALE DRIVE 6 ♦ 2100 ,m c0u ® • ` p City �latesite ® _ 11 2096 Q Resenip1f 2107 ® > 1 Fz,-.20, !118 • ® zass zcas A A 2103 ® ® • p 2092 z 8 2084 2080 O 2111 2 0 2119 , W 2091 u raa rm m ®mo0i M — ew — a w.aa svadr ®�_ ®s� ®�a�aaa ®sue LEGEND m ® ® ® © Assessment Area : - Street Improvements ® Residential Lots - $ 817.96 /Lot City of EaV Engineering Department 2 LOT EQUIVELENTS ) APPLE VALLEY P _, zc Eagan Royale / Safari Estates / Safari 3rd - 4th Street Revitalization - Project 1023 Fig. 1 Final Assessments 2039 2041 • 2026 �� • zoo? 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PROJECT 1022, OVERHILL FARM ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1022 ( Overhill Farm Addition - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1022 provided for the street improvements of various streets within the Overhill Farm neighborhood in southeastern Eagan. • The Final Assessment Roll was presented to the City Council on September 7, 2010, with a public hearing scheduled for October 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 33% less than the estimated benefit amounts that were presented at the original Public Hearing on February 16, 2010. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 29 to address all property owners' questions or concerns and provide any additional information of interest. Of the 62 parcels (61 single - family, 1 City park) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages through 17,3 FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 1022 Assessment: October 5, 2010 Name: Overhill Farm Project Approval Date: January 5, 2010 Street Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY SEWER STORM SEWER ❑Trunk ❑Trunk ❑ Lateral ❑ Service ❑ La t. Benefit/Trunk WATER STREET ❑Trunk F] Gravel Base ❑ Lateral FV1 Surf. /Signs - Direct Acces $801.98 $1,200 / SF ❑ Service ❑ TH -Indirect Access ❑ Lat. Benefit/Trunk ❑ C/I Equivalent ❑ WAC ❑ Driveway OTHER STREETLIGHTS ❑Service Pair ❑Installation ❑ Energy Charge Contract Number of Interest Amount City Number Parcels Terms Rate Assessed Financed 10 -02 62 5 Yrs 5.0% $52,930.97 $97,562.94 $79,000 FR $112,500 FR 55� City of Evan demo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 14, 2010 Subject: Final Assessment Roll, Project 1022 Overbill Farm Addition Street Overlay Improvements At the public hearing on January 5, 2010, the City Council ordered Project 1022, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street signage for the streets within the Overhill Farm neighborhood, and replacement of curb and gutter as needed. In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 10 -02. The following information was used in the preparation of the assessment roll for Project 1022. PROJECT COST The construction cost includes the amount of $115,964.42 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,452.28. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $33,077.21 were incurred resulting in an improvement and project cost of $150,493.91. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMElNT COST COSTS COSTS REPORT Mill & Overlay /Sign $82,594.43 $23,267.50 $105,861.93 $158,000 Repair Curb & Gutter $34,822.27 $9,809.71 44,631.98 $33,500 $117,416.70 $33,077.21 $150,493.91 $191,500 7J- ASSESSMENTS ® TRUNK ASSESSMENTS -No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. • STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Other costs @ 28.17% 23,267.50 NMI & Overlay/ Street Sign Cost S 105,861.93 0 IMPROVEMENT AND ASSESSMENT RATES Low Density Residential - The improvement and assessment rates for low - density residential properties is computed as follows: [$105,861.93 (Mill & Overlay/ Signage Cost) x 50% x 100 %] = $52,930.97 [Total Res. Assessment (R -1)] $52.930.97 (Total Residential Assessment) 5801.98 / lot 66 Equivalent Single Family Residential Lots South Oaks Park (City Park) — Street Revitalization Improvements South Oaks Park is located partially within Overhill Farm Additions. With the length of the 2.75 acre park running directly adjacent to a curvilinear segment of North Hay Lake Road, it is proposed to assess the park for 5 comparable lot equivalencies in this neighborhood of 0.30 to 0.40 acre single- family lots. The City's Assessment Policv states that 50% of the mill and overlay costs are assessable for neighborhood park properties based on a 2 0 UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization LS 1.00 $ 5,000.00 $ 5,000.00 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY 5,860.00 0.82 4,805.20 Type LVWE45030B Wearing Course Mixture TON 1,260.03 45.00 56,701.35 Type LVWE45030B Wear Course - Patching TON 6.50 110.00 715.00 Bituminous Material for Tack Coat GAL 923.00 2.20 2,030.60 Adjust Gate Valve Box EA 1.00 180.00 180.00 Adjust Frame and Ring Casting (Manhole) EA 8.00 400.00 3,200.00 Adjust Manhole Casting - Riser Adjustment EA 9.00 165.00 1,485.00 Repair Gate Valve Mid Section EA 2.00 380.00 760.00 Repair Gate Valve Top Section w /Cover EA 3.00 365.00 1,095.00 Remove & Replace Frame & Ring Casting (27 ") EA 1.00 635.00 635.00 Traffic Control LS 1.00 4,535.00 4,535.00 Traffic Signs LS 1.00 1,452.28 1,452.28 Subtotal 82,594.43 Other costs @ 28.17% 23,267.50 NMI & Overlay/ Street Sign Cost S 105,861.93 0 IMPROVEMENT AND ASSESSMENT RATES Low Density Residential - The improvement and assessment rates for low - density residential properties is computed as follows: [$105,861.93 (Mill & Overlay/ Signage Cost) x 50% x 100 %] = $52,930.97 [Total Res. Assessment (R -1)] $52.930.97 (Total Residential Assessment) 5801.98 / lot 66 Equivalent Single Family Residential Lots South Oaks Park (City Park) — Street Revitalization Improvements South Oaks Park is located partially within Overhill Farm Additions. With the length of the 2.75 acre park running directly adjacent to a curvilinear segment of North Hay Lake Road, it is proposed to assess the park for 5 comparable lot equivalencies in this neighborhood of 0.30 to 0.40 acre single- family lots. The City's Assessment Policv states that 50% of the mill and overlay costs are assessable for neighborhood park properties based on a 2 0 normal residential width street (32 feet). Since the cost per residential lot equivalent to be assessed is $801.98 per Single Family Lot, based on the City Assessment Policy, the Park assessment is calculated as follows: $801.98 per Residential Lot Y 5 Equivalent Residential Lots = $4,009.92 Park Assessment • ASSESSMENT TERMS - The assessments are proposed for a teen of 5 years for residential and park properties. The interest rate is 5.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Mill & Overlay /Sign $105,861.93 $52,930.97 $52,930.96 Repair Curb & Gutter 44,631.98 0.00 44,631.98 5150,493.91 $52,930.97 597,562.94 ■ CITY FUND RESPONSIBILITY Major Street Fund: 597,562.94 Park Fund: $4,009.90 (Assessment) An Gorder, P.E. Reviewed Public Works Department Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Date 717 Combined Assessment Roll Project Number PID 10- 56150- 010 -01 10- 56150- 010 -02 10- 56150 - 020 -00 10- 56150 - 020 -01 10- 56150 - 020 -02 10- 56150 - 030 -01 10- 56150 - 031 -02 10- 56150 - 032 -02 10- 56150- 040 -01 10- 56150 - 041 -02 10- 56150- 042 -02 10- 56150 - 050 -01 10- 56150- 050 -02 10- 56150- 060 -01 10- 56150 - 060 -02 10- 56150 - 070 -01 10- 56150 - 070 -02 10- 56150 - 080 -01 10- 56150- 080 -02 10- 56150 - 090 -02 10- 56150- 100 -02 10- 56150- 110 -02 10- 56151 - 010 -01 10- 56151- 010 -02 10- 56151- 010 -03 10- 56151 - 010 -04 10- 56151 - 020 -01 10- 56151 - 020 -02 10- 56151- 020 -03 10- 56151 - 020 -04 10- 56151- 030 -01 10- 56151 - 030 -02 10- 56151 - 030 -03 10- 56151 - 030 -04 10- 56151 - 040 -01 10- 56151 - 040 -02 10- 56151- 040 -03 10- 56151 - 040 -04 10- 56151- 050 -01 PA 1022 Address Addition Name 4522 Hay Lake Rd S 4525 Hay Lake Rd S 4534 Hay Lake Rd S 4531 Hay Lake Rd S 4542 Hay Lake Rd S 4539 Hay Lake Rd S 4537 Hay Lake Rd S 4546 Hay Lake Rd S 4543 Hay Lake Rd S 4545 Hay Lake Rd S 4552 Hay Lake Rd S 4549 Hay Lake Rd S 4566 Hay Lake Rd S 4555 Hay Lake Rd S 4574 Hay Lake Rd S 4561 Hay Lake Rd S 4580 Hay Lake Rd S 4567 Hay Lake Rd S 4571 Hay Lake Rd S 4575 Hay Lake Rd S 4579 Hay Lake Rd S 676 Overhill Rd 4521 Hay Lake Rd S 4512 Hay Lake Rd S 717 Hay Lake Rd N 672 Overhill Rd 4517 Hay Lake Rd S 671 Overhill Rd 713 Hay Lake Rd N 668 Overhill Rd 4513 Hay Lake Rd S 667 Overhill Rd 709 Hay Lake Rd N 664 Overhill Rd 4509 Hay Lake Rd S 663 Overhill Rd 705 Hay Lake Rd N 660 Overhill Rd Wednesday, September 29, 2010 Pending Proposed Assessment Variance Assessment Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $6,000.00 - $1,990.08 $4,009.92 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 1st $1,200.00 - $398.02 $801.98 Overhill Farm 2nd $1,200.00 - $398.02 $801.98 Overhill Farm 2nd $1,200.00 - $398.02 $801.98 Overhill Farm 2nd $1,200.00 - $398.02 $801.98 Overhill Farm 2nd $1,200.00 - $398.02 $801.98 Overhill Farm 2nd $1,200.00 - $398.02 $801.98 Overhill Farm 2nd $1,200.00 - $398.02 $801.98 Overhill Farm 2nd $1,200.00 - $398.02 $801.98 Overhill Farm 2nd $1,200.00 - $398.02 $801.98 Overhill Farm 2nd S1,200.00 - $398.02 $801.98 Overhill Farm 2nd $1,200.00 - $398.02 $801.98 Overhill Farm 2nd $1,200.00 - $398.02 $801.98 Overhill Farm 2nd $1,200.00 - $398.02 $801.98 Overhill Farm 2nd 51,200.00 - $398.02 $801.98 Overhill Farm 2nd $1,200.00 - $398.02 $801.98 Overhill Farm 2nd $1,200.00 - $398.02 $801.98 Overhill Farm 2nd $1,200.00 - $398.02 $801.98 Overhill Farm 2nd $1,200.00 - $398.02 $801.98 7Y Page I of 2 Combined Assessment Roll Project Number PA1022 PID Address Addition Name 10- 56151 - 050 -02 4505 Hay Lake Rd S Overhill Farm 2nd 10- 56151 - 050 -03 659 Overhill Rd Overhill Farm 2nd 10- 56151 - 050 -04 701 Hay Lake Rd N Overhill Farm 2nd 10- 56151 - 060 -02 712 Hay Lake Rd N Overhill Farm 2nd 10- 56151 - 060 -03 655 Overhill Rd Overhill Farm 2nd 10- 56151 - 060 -04 697 Hay Lake Rd N Overhill Farm 2nd 10- 56151- 070 -02 716 Hay Lake Rd N Overhill Farm 2nd 10- 56151 - 070 -03 672 Hay Lake Rd N Overhill Farm 2nd 10- 56151 - 070 -04 693 Hay Lake Rd N Overhill Farm 2nd 10- 56151 - 080 -03 676 Hay Lake Rd N Overhill Farm 2nd 10- 56151 - 080 -04 689 Hay Lake Rd N Overhill Farm 2nd 10- 56151- 090 -03 680 Hay Lake Rd N Overhill Farm 2nd 10- 56151 - 090 -04 685 Hay Lake Rd N Overhill Farm 2nd 10- 56151 - 100 -03 684 Hay Lake Rd N Overhill Farm 2nd 10- 56151 - 100 -04 681 Hay Lake Rd N Overhill Farm 2nd 10- 56151 - 110 -03 688 Hay Lake Rd N Overhill Farm 2nd 10- 56151 - 120 -03 692 Hay Lake Rd N Overhill Farm 2nd 10- 56151 - 130 -03 696 Hay Lake Rd N Overhill Farm 2nd 10- 56151 - 140 -03 700 Hay Lake Rd N Overhill Farm 2nd 10- 56151 - 150 -03 704 Hay Lake Rd N Overhill Farm 2nd 10- 56151 - 160 -03 4500 Hay Lake Rd S Overhill Farm 2nd 10- 56151 - 170 -03 4504 Hay Lake Rd S Overhill Farm 2nd 10- 56151 - 180 -03 4508 Hay Lake Rd S Overhill Farm 2nd Summary for 'SA_Nbr' = PA 1022 (62 detail records) Sum $801.98 Wednesday, September 29, 2010 Pending Proposed Assessment Variance Assessment $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $1,200.00 - $398.02 $801.98 $79,200.00 - $26,269.30 $52,930.70 WIA Page 2 of 2 0 NORTH J � / CLIFF ROAD City of Eakan Engineering Department 6, 06 O 0 IPA - a 60 no M go LEGEND M Assessment Area Street Improvements 701 City Community Park - $ 4,009.92 411) Residential Lots - $ 801.98 / Lot Overhill Farms Street Revitalization - Project 1022 Final Assessments 4S7' Fig. 1 Agenda Information Memo October 5, 2010 Eagan City Council Meeting D. PROJECT 1025, OAKCLIFF lst - 4�h ADDITIONS STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1025 (Oak Cliff 1St - 4th Additions - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1025 provided for the street improvements various streets within the Oak Cliff 1St - 4th Additions located south of Cliff Road and west of Slater Road. • The Final Assessment Roll was presented to the City Council on September 7, 2010, with a public hearing scheduled for October 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 26% less than the estimated benefit amounts that were presented at the original Public Hearing on February 16, 2010. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 30 to address all property owners' questions or concerns and provide any additional information of interest. Of the 86 single - family parcels being assessed, one property owner attended the meeting. ATTACHMENTS: • Final Assessment Report, pages T C, -4hrough�. • Minutes of Informational Meeting, pages q through 9/ FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 1025 Assessment: October 5, 2010 Name: Oak Cliff 1st - 4th Project Approval Date: January 19, 2010 Street Improvements Final Feasibility Final Feasibility Rate Report Units SANITARY SEWER STORM SEWER Rate Report Units ❑Trunk ❑Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit /Trunk WATER STREET ❑Trunk ❑Gravel Base ❑ Lateral Q Surf. /Signs- Direct Access $ 687.77 $ 934 SF ❑ Service ❑TH - Indirect Access ❑ Lat. Benefit /Trunk ❑ C/I Equivalent ❑ WAC ❑ Driveway OTHER STREETLIGHTS ❑ Service Pair ❑Installation ❑ Energy Charge Contract Number of Number Parcels 10 -02 M Interest Amount City Terms Rate Assessed Financed 5 Yrs 5.00/0 $59,148.35 $103,918.07 $80,300 FR $109,400 FR S a-. C ily of Eagan Ma To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: August 31, 2010 Subject: Final Assessment Roll, Project 1025 Oak Cliff I" - 4" Additions Street Overlay Improvements At the public hearing on January 19, 2010, the City Council ordered Project 1025, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street signage for the streets within the Oak Cliff V - 4"' Addition neighborhood, and replacement of curb and gutter as needed. In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 10 -02. The following information was used in the preparation of the assessment roll for Project 1025. PROJECT COST The construction cost includes the amount of $131,611.71 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,033.52. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, adnunistration, and other totaling $30,421.19 were incurred resulting in an improvement and project cost of $163,066.42. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COSTS REPORT Mill & Overlav /Sion $96,227.62 S22,069.0S S 118,296.70 S160,500 Repair Curb & Gutter 36,417.61 8,352.11 44,769.72 529,200 $132,645.23 $30.421.19 $163,066.42 $189,700 ASSESSMENTS • TRUNK ASSESSMENTS -No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. • STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Subtotal 96,227.62 Other costs @ 22.93% 22,069.08 Mill & Overlay/ Street Sign Cost $ 118,296.70 • IMPROVEMENT AND ASSESSMENT RATES Low Density Residential - The improvement and assessment rates for low- density residential properties is computed as follows: [$118,296.70 (Mill & Overlay/ Signage Cost) x 50% x 100 %] = $59,148.35 [Total Residential Assessment (R -1)] $59,148.35 (Total Residential Assessment )-4 $687.77 /lot 86 Equivalent Single Family Residential Lots • ASSESSMENT TERMS - The assessments are proposed for a term of 5 years for residential properties. The interest rate is 5.0% per annum on the unpaid balance. UNIT EXTENDED ITEM UNIT OTY PRICE COST Mobilization LS 1.00 $ 5,000.00 $ 5,000.00 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY 6,550.00 0.82 5,371.00 Type LVWE45030B Wearing Course Mixture TON 1,498.18 45.00 67,418.10 Type LVWE45030B Wear Course - Patching TON 6.00 110.00 660.00 Bituminous Material for Tack Coat GAL 800.00 2.20 1,760.00 Adjust Gate Valve Box EA 5.00 180.00 900.00 Adjust Frame and Ring Casting (Manhole) EA 3.00 400.00 1,200.00 Adjust Manhole Casting - Riser Adjustment EA 16.00 165.00 2,640.00 Repair Gate Valve Mid Section EA 4.00 380.00 1,520.00 Repair Gate Valve Top Section w /Cover EA 8.00 365.00 2,920.00 Remove & Replace Frame & Ring Casting (27 ") EA 2.00 635.00 1,270.00 Traffic Control LS 1.00 4,535.00 4,535.00 Traffic Signs LS 1.00 1,033.52 1,033.52 Subtotal 96,227.62 Other costs @ 22.93% 22,069.08 Mill & Overlay/ Street Sign Cost $ 118,296.70 • IMPROVEMENT AND ASSESSMENT RATES Low Density Residential - The improvement and assessment rates for low- density residential properties is computed as follows: [$118,296.70 (Mill & Overlay/ Signage Cost) x 50% x 100 %] = $59,148.35 [Total Residential Assessment (R -1)] $59,148.35 (Total Residential Assessment )-4 $687.77 /lot 86 Equivalent Single Family Residential Lots • ASSESSMENT TERMS - The assessments are proposed for a term of 5 years for residential properties. The interest rate is 5.0% per annum on the unpaid balance. CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Mill & Overlay /Sign Repair Curb & Gutter ■ CITY FUND RESPONSIBILITY Major Street Fund: $103,918.07 JWn Gorder, P.E. Reviewed -4 ? 0 Public Works Department ci -30 -to $118,296.70 44,769.72 $59,148.35 $59,148.35 0.00 44,769.72 $163,066.42 $59,148.35 $103,918.07 Date Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I sl-�— Combined Assessment Roll Project Number PA1025 Pending Proposed PID Address Addition Name Assessment Variance Assessment 10- 53550 - 010 -01 4715 Oak Cliff Dr Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 010 -02 4718 Oak Cliff Dr Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 010 -03 4740 Burr Oak St Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 010 -04 2224 James St Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 010 -05 4735 Burr Oak St Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 020 -01 4719 Oak Cliff Dr Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 020 -02 4724 Oak Cliff Dr Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 020 -03 2244 Mahogany Way Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 020 -04 2228 James St Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 020 -05 2256 Mahogany Way Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 030 -02 4730 Oak Cliff Dr Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 030 -03 4737 Oak Cliff Dr Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 030 -04 2232 James St Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 031 -01 4723 Oak Cliff Dr Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 032 -01 4725 Oak Cliff Dr Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 040 -01 4727 Oak Cliff Dr Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 040 -02 4736 Oak Cliff Dr Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 040 -03 4743 Oak Cliff Dr Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 040 -04 2236 James St Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 050 -02 4742 Oak Cliff Dr Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 050 -03 4749 Oak Cliff Dr Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 051 -01 2239 Mahogany Way Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 052 -01 2241 Mahogany Way Oak Cliff $934.00 - S246.23 $687.77 10- 53550 - 060 -02 4750 Oak Cliff Dr Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 060 -03 4755 Oak Cliff Dr Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 064 -01 2243 Mahogany Way Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 065 -01 2245 Mahogany Way Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 070 -01 2249 Mahogany Way Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 070 -02 4760 Oak Cliff Dr Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 070 -03 4761 Oak Cliff Dr Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 080 -01 2251 Mahogany Way Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 080 -02 2227 James St Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 080 -03 4767 Oak Cliff Dr Oak Cliff $934.00 - $246.23 $687.77 10- 53550 - 090 -02 2223 James St Oak Cliff $934.00 - S246.23 $687.77 10- 53550 - 090 -03 2237 James St Oak Cliff $934.00 - 5246.23 $687.77 10- 53551- 010 -01 4744 Burr Oak St Oak Cliff 2nd $934.00 - $246.23 $687.77 10- 53551 - 010 -02 4741 Burr Oak St Oak Cliff 2nd $934.00 - $246.23 S687.77 10- 53551 - 010 -03 2240 James St Oak Cliff 2nd $934.00 - $246.23 $687.77 10- 53551 - 020 -01 4752 Burr Oak St Oak Cliff 2nd $934.00 - $246.23 $687.77 Wednesday, September 29, 2010 Pag e I of 3 Combined Assessment Roll Project Number PA 1025 I'enrlin6 Proposed PID Address Addition Name Assessment Variance Assessment 10- 53551 - 020 -02 4747 Burr Oak St Oak Cliff 2nd $934.00 - $246.23 $687.77 10- 53551 - 020 -03 2244 James St Oak Cliff 2nd $934.00 - $246.23 $687.77 10- 53551 - 030 -01 4760 Burr Oak St Oak Cliff 2nd $934.00 - $246.23 $687.77 10- 53551 - 030 -02 4753 Burr Oak St Oak Cliff 2nd $934.00 - $246.23 $687.77 10- 53551- 030 -03 2248 James St Oak Cliff 2nd $934.00 - $246.23 $687.77 10- 53551 - 040 -01 4768 Burr Oak St Oak Cliff 2nd $934.00 - $246.23 $687.77 10- 53551 - 040 -02 4759 Burr Oak St Oak Cliff 2nd $934.00 - $246.23 $687.77 10- 53551 - 040 -03 2252 James St Oak Cliff 2nd $934.00 - $246.23 $687.77 10- 53551 - 050 -01 4774 Burr Oak St Oak Cliff 2nd $934.00 - $246.23 $687.77 10- 53551 - 050 -02 4765 Burr Oak St Oak Cliff 2nd $934.00 - $246.23 $687.77 10- 53551 - 050 -03 2256 James St Oak Cliff 2nd $934.00 - $246.23 $687.77 10- 53551 - 060 -01 2243 James St Oak Cliff 2nd $934.00 - $246.23 $687.77 10- 53551 - 060 -02 4771 Burr Oak St Oak Cliff 2nd $934.00 - $246.23 $687.77 10- 53551 - 070 -02 2255 James St Oak Cliff 2nd $934.00 - $246.23 $687.77 10- 53553 - 010 -01 4730 White Oak Ct Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 010 -02 2257 Mahogany Way Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 010 -03 2264 James St Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 020 -01 4736 White Oak Ct Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 020 -02 2261 Mahogany Way Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 020 -03 2260 James St Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 030 -01 4742 White Oak Ct Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 030 -02 4714 White Oak Ct Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 040 -01 4748 White Oak Ct Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 040 -02 4710 White Oak Ct Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 050 -01 4756 White Oak Ct Oak Cliff 4th $934.00 - 5246.23 $687.77 10- 53553 - 050 -02 4708 White Oak Ct Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 060 -01 4762 White Oak Ct Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 060 -02 4709 White Oak Ct Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 070 -01 4763 White Oak Ct Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553- 070 -02 4711 White Oak Ct Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 080 -01 4774 White Oak Ct Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553- 080 -02 4715 White Oak Ct Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 090 -01 4780 White Oak Ct Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 090 -02 4721 White Oak Ct Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553- 100 -01 2259 James St Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 100 -02 4727 White Oak Ct Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 110 -02 4733 White Oak Ct Oak Cliff 4th $934.00 - $246.23 S687.77 10- 53553 - 120 -02 4739 White Oak Ct Oak Cliff 4th S934.00 - $246.23 $687.77 10- 53553 - 130 -02 4745 White Oak Ct Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 140 -02 4751 White Oak Ct Oak Cliff 4th $934.00 - $246.23 $687.77 10- 53553 - 150 -02 4757 White Oak Ct Oak Cliff 4th $934.00 - $246.23 $687.77 lVednesda -v, September 29, 2010 �7 N e2of3 Combined Assessment Roll Project Number PAI025 PID Address Addition Name 10- 53553 - 160 -02 4763 White Oak Ct Oak Cliff 4th 10- 53553 - 170 -02 4769 White Oak Ct Oak Cliff 4th 10- 53553 - 180 -02 4775 White Oak Ct Oak Cliff 4th 10- 53553 - 190 -02 4781 White Oak Ct Oak Cliff 4th 10- 53553 - 200 -02 4793 Four Seasons Dr Oak Cliff 4th 10- 53554 - 010 -01 4797 Four Seasons Dr Oak Cliff 5th Summary for'SA_Nbr' = PA 1025 (86 detail records) Sum $687.77 $934.00 Wedi:esda -v, September 29, 2010 wo Pending Proposed Assessment Variance Assessment $934.00 - $246.23 $687.77 $934.00 - $246.23 $687.77 $934.00 - $246.23 $687.77 $934.00 - $246.23 $687.77 $934.00 - $246.23 $687.77 $934.00 - $246.23 $687.77 $80,324.00 - $21,175.78 $59,148.22 Page 3 of 3 ® 4793 ® ® 2236 ® ® ® ® ® ® ® 2240 a 4797 ® 2264 2260 2256 2252 2248 2244 s © ® ® ®® Assessment Area Street Improvements ® Residential Lots - S 687.77 /Lot e ® JAMES ST r_. I I Oak Cliff 1st-4th Additions City Of EanoR Street Revitalization- Project 1025 Fig. 1 Ell Engineering Department j Final Assessments ® ® 4714 f �j INORTH ® 4709 4708 -- 4710 4711 ® 2257 J 0 ® 4721 ® WILDWOO ® 4793 ® ® 2236 ® ® ® ® ® ® ® 2240 a 4797 ® 2264 2260 2256 2252 2248 2244 s © ® ® ®® Assessment Area Street Improvements ® Residential Lots - S 687.77 /Lot e ® JAMES ST r_. I I Oak Cliff 1st-4th Additions City Of EanoR Street Revitalization- Project 1025 Fig. 1 Ell Engineering Department j Final Assessments ® ® 4714 f �j ® 4715 ® 2257 4721 ® B ® 2251 ) 2249 N N N N 4725 72 4719 4715 ® ® ® ° ° 4727 B 4727 ~ ® ® MAHO GA N ® ° 4733 4730 0 WAY 1 ®Y 2256 0 __ I 4739 O 4736 4735 ® 0 0 I 4718 0 4724 ® 4730 w 4740 2244 4737 � ® 4745 _ 0 4742 4741 4736 = ® 4744 47430 Q 4747 ® 0 4751 4748 O 0 4742 0 ® 4752 4749 0 4757 4756 4753 4750 ® Q 1 4762 04759 04760 4755 4760 - 2223 ® 4763 O ® 4768 4765 4768 4761 2227 ® LU ® 4769 ® ® 0 Q ' 4774 4771 m 4767 4774 ® � ,y Cn ® 0 2237 0 e 4775 ® 4781 ® ® 4780 2 ® 2255 ® 2243 0 2228 2224 ® JAMES ST. ° \ 223 ® 4793 ® ® 2236 ® ® ® ® ® ® ® 2240 a 4797 ® 2264 2260 2256 2252 2248 2244 s © ® ® ®® Assessment Area Street Improvements ® Residential Lots - S 687.77 /Lot e ® JAMES ST r_. I I Oak Cliff 1st-4th Additions City Of EanoR Street Revitalization- Project 1025 Fig. 1 Ell Engineering Department j Final Assessments CITY PROJECT NO 1025 FINAL ASSESSMENT INFORMATIONAL NEIGHBORHOOD MEETING OAKCLIFF 4TH ADDITION STREET REVITALIZATION THURSDAY, SEPTEMBER 30,2010,6:30 p.m. CONFERENCE ROOM 1AB Attendance: John Gorder, Assistant City Engineer I resident representing 1 property (see attached sign -in sheet). Questions/ Comments 1. I live in a twinhome. Is there a reduced rate of assessment for twinhomes? Twinhomes and single - family homes are in the same zoning category (low- density), they are considered the same in the City's Special Assessment Policy, in this case, on a per lot basis. 2. Are there any other projects in the next few years where there may be an assessment to our property? This project's street improvements will extend the life of the pavement another 20 to 25 years, and there are no projects in the City's 5 -Year Plan (Capital Improvement Plan) which would identify a special assessment to your property. G:Proj & Contract Info/ 1025 Oak Cliff 4 Final Assessment/1VH Mtg Minutes City of Evan NAME 1. .J — 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. NEIGHBORHOOD MEETING Project 1025, Contract 10 -02 Oakcliff 4t" Addition Thursday, September 30, 2010 6:30 p.m. ADDRESS �J!12S- �) ql Agenda Information Memo October 5, 2010 Eagan City Council Meeting E. PROJECT 1008, LEXINGTON/ PARKVIEW ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1008 (Lexington/ Parkview Addition - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1008 provided for the street improvements of various streets within the Lexington/ Parkview Addition located south of Northview Park Road and east of Lexington Avenue. • The Final Assessment Roll was presented to the City Council on September 7, 2010, with a public hearing scheduled for October 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 34% less than the estimated benefit amounts that were presented at the original Public Hearing on February 16, 2010. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 29 to address all property owners' questions or concerns and provide any additional information of interest. Of the 54 (52 single - family, 1 public facility, 1 City park) parcels being assessed, two residents representing one property attended the meeting. ATTACHMENTS: • Final Assessment Report, pages through P. • Informational Meeting Minutes, pages/ to g. VW FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 1008 Assessment: October 5, 2010 Name: Lexington Parkview Project Approval Date: February 16, 2010 Street Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY SEWER STORM SEWER ❑ Trunk ❑ Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit /Trunk WATER STREET ❑ Trunk ❑ Gravel Base ❑ Lateral Surf. /Signs - Direct Access $ 676.56 $ 1,025.00 SF ❑ Service D Park /Public Facility $ 1,070.80 $ 1,620.00 Net Acres ❑ Lat. Benefit /Trunk ❑ C/I Equivalent ❑ WAC ❑ Driveway OTHER STREETLIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number 10 -02 Number of Parcels 54 Interest Amount Terms Rate Assessed 5, 10 Yrs 5.0% $50,279.44 $76,070 FR C ity Financed $64,136.17 $93,530 FR 4b� Cit y at Ea an Memo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 14, 2010 Subject: Final Assessment Roll, Project 1008 Lexington Parkview Addition Street Overlay Improvements At the public hearing on February 16, 2010, the City Council ordered Project 1008, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street signage for the streets within the Lexington Parkview Addition neighborhood, and replacement of curb and gutter as needed. In the feasibility report, it was proposed to assess 50% to residential properties and 75% of parks/ public facility properties of the street overlay and signage improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 10 -02. The following information was used in the preparation of the assessment roll for Project 1008. PROJECT COST The construction cost includes the amount of $83,647.88 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $4,245.37. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $26,522.36 were incurred resulting in an improvement and project cost of $114,415.61. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVENHUa FEASIBILITY IMPROVEMENT COST COSTS COSTS REPORT Mill & Overlay /Sign $73,640.24 $22,221.42 $95,861.66 $145,000 Repair Curb & Gutter 14,253.01 4,300.94 18,553.95 $24,600 $87,893.25 $26,522.36 $114,415.61 $169,600 9� ASSESSMENTS m TRUNK ASSESSMENTS -No trunk assessments for utilities Nvere proposed in the feasibility report, therefore, none are proposed in this assessment roll. O STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Subtotal 73,640.24 Other- costs a 30.18% 22,221.42 NMI & Overlay-/ Street Sign Cost S 95,861.66 IMPROVEMENT AND ASSESSMENT RATES Low Density Residential - The improvement and assessment rates for low - density residential properties is computed as follows: 5,176 Front Footage/ 7.049 Total Front Footage = 73.49/o (Single Family Percentage) [S95,861.66 (Mill & Overlay Cost - Signage Cost) x 50% x 73.4 %] = 535,181.23 [Residential Assessment (R -1, 21 3)] S35.181.23 (Total Residential Assessment) S676.5556 / lot 52 Equivalent Single Family Residential Lots Cite Connr1ntnity Park/ Public Facility - The improveunent and assessment rates for Cite park and public facilities properties is computed as follows: UNIT EXTENDED ITEAM UNIT QTY PRICE COST Mobilization LS 1.00 S5,000.00 $ 5,000.00 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY 4,906.00 0.82 4,022.92 Type LVWE45030B Wearing Course Mixture TON 1,025.11 45.00 46,129.95 Type LVWE45030B Wear Course - Patching TON 6.00 110.00 660.00 Bituminous Material for Tack Coat GAL 835.00 2.20 1,837.00 Adjust Gate Valve Box EA 2.00 180.00 360.00 Adjust Frame and Ring Casting (Manhole) EA 10.00 400.00 4,000.00 Adjust Manhole Casting - Riser Adjustment EA 9.00 165.00 1,485.00 Repair Gate Valve Mid Section EA - 380.00 - Repair Gate Valve Top Section w /Cover EA 2.00 365.00 730.00 Remove & Replace Frame & Ring Casting (27 ") EA 1.00 635.00 635.00 Traffic Control LS 1.00 4,35.00 4,535.00 Traffic Signs LS 1.00 4,245.37 4,245.37 Subtotal 73,640.24 Other- costs a 30.18% 22,221.42 NMI & Overlay-/ Street Sign Cost S 95,861.66 IMPROVEMENT AND ASSESSMENT RATES Low Density Residential - The improvement and assessment rates for low - density residential properties is computed as follows: 5,176 Front Footage/ 7.049 Total Front Footage = 73.49/o (Single Family Percentage) [S95,861.66 (Mill & Overlay Cost - Signage Cost) x 50% x 73.4 %] = 535,181.23 [Residential Assessment (R -1, 21 3)] S35.181.23 (Total Residential Assessment) S676.5556 / lot 52 Equivalent Single Family Residential Lots Cite Connr1ntnity Park/ Public Facility - The improveunent and assessment rates for Cite park and public facilities properties is computed as follows: % Conununity Park/ Public Facility = 1,481 Front Feet/ 7,049 Total F.F. = 21.0% [$95,861.66 (Mill & Overlay Cost) x 75% 121.0 %] =$ 15,098.21 (Total Park/ PF Assessment) Northview Park = 8.0 net acres Community of Joy Church (4015 Northview Terrace) = 6.1 net acres $15,098.21 (Community Park/ PF Assessment) -> S 1,070.80/ Net Acre 14.1 Net Acres Note: Approximately 5.6% (392 feet) of property frontage adjacent to the street improvements listed in this report is sideyard or backyard, and therefore unassessable. • ASSESSMENT TERMS - The assessments are proposed for a teen of 5 years for residential properties and 10 years for City park and public facility properties. The interest rate is 5.0% per annum on the unpaid balance. CITV REVENUES (RESPONSIBILITY) IMPROVEMEINT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Mill & Overlay /Sign $95,861.66 $50,279.44 $45,582.22 Repair Curb & Gutter 18,553.95 0.00 18,553.95 5114,415.61 ■ CITY FUND RESPONSIBILITY Major Street Fund: 564,136.17 Jain Gorder, P.E. Reviewed Public Works Department 1 1�C - 10 Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I 550,279.44 564,136.17 RcOewed;? Finance Department Date Imm Combined Assessment Roll ProjectNUmber pA1008 Pending Proposed PID Address Addition Name Assessment I1'ariance Assessment 10- 02300 - 016 -26 Section 23 $12,960.00 - $4,393.60 $8,566.40 10-18175-010-01 4015 Northview Ter Community of Joy Church $9,880.00 - $3,348.12 $6,531.88 10- 45035 - 010 -02 4017 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 010 -03 1072 Northview Dr Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 020 -02 4021 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035- 020 -03 3986 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035- 030 -02 4025 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 030 -03 3990 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 040 -02 4029 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 040 -03 3996 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 050 -02 4033 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035- 050 -03 4000 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 060 -01 3965 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 060 -02 4037 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 060 -03 4010 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035- 070 -01 3969 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 070 -02 4041 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 070 -03 4016 Northview Ter Lexington Parkview S1,025.00 - $348.44 $676.56 10- 45035 - 080 -01 3973 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 i0- 45035- 080 -02 4045 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 080 -03 4020 Northview Ter Lexington Parkview $1,025.00 - S348.44 $676.56 10- 45035- 090 -02 4049 Northv ew Ter Lexington Parkviev. S1,025.00 - 5348.44 $676.56 10- 45035- 090 -03 4024 Northview Ter Lexingtcn Parkview $1,025.00 - $348.44 $676.56 10- 45035- 100 -01 3977 Northview Ter Lexington Parkview $1,025.00 - S348.44 $676.56 10- 45035- 100 -02 4053 Northvie,,v Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035- 100 -03 4028 Northvie,,vTer Lexington Parkvie',v $1,025.00 - $348.4; 5676.56 10- 45035- 110 -01 3981 Northview Ter Lexington Parkview $1,025.00 - 5348.44 S676.56 10- 45035- 110 -02 4057 Ncrthvie,,,/ Ter Lexington Parkview 51,025.00 - $348.44 S676.56 10- 45035- 110 -03 4036 Northvie•;i Ter Lexington Parkview S 1,C25.00 - $348.44 $676.56 10- 45035- 120 -01 3985 Northview Ter Lexington Farkvie,,v S1,025.00 - S348.44 S676.56 10- 45035- 120 -02 4061 Ncrthvieww Ter Lexington P a rk v i e,.v $1,025.00 - 5348.44 5676.56 10- 45035- 120 -03 4044 Northviewv Ter Lexington Par ;vie %:v 51.021 5 C0 - S348.44 $676.56 10- 45035- 130 -01 3989 NcrthvrevrTer Lexington Par,�vie,v 51,025.00 - S348.44 $676.56 Thursdav, Septemher• 23, 2010 Page 1 of 2 Combined Assessment Roll Pl•ofect Numbe1• P,`1100,� Pending Proposed PID Address Addition Alm1e Assessment j'l117Q11CC Assessment 10- 45035- 130 -02 4065 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035- 130 -03 4048 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035- 140 -01 3993 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 140 -02 4069 Northview Ter Lexington Parkview $1,025.00 - 5348.44 $676.56 10- 45035 - 140 -03 4058 Northview Ter Lexington Parkview $1,025.00 - $348.44 5676.56 10- 45035 - 150 -01 3997 NorthviewTer Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035- 150 -02 4073 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 150 -03 4064 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 160 -01 4001 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035- 160 -02 4077 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 160 -03 4068 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 170 -01 4005 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 170 -02 4081 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 170 -03 4072 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035- 180 -02 4085 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 180 -03 4076 Northview Ter Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035- 190 -03 1052 NorthviewDr Lexington Parkview $1,025.00 - $348.44 $676.56 10- 45035 - 200 -03 1056 NorthviewDr Lexington Parkview $1,025.00 - S348.44 $676.56 10- 45035- 210 -03 1060 NorthviewDr Lexington Parkview $1,025.00 - $348.44 $676.56 1 45035- 220 -03 1064 NorthviewDr Lexington Parkview S1,025.00 - S348.44 $676.56 10- 45035 - 230 -03 1068 Northview Dr Lexington Parkview $1,025.00 - 5348.44 $6676.56 Summary for 'SA_:'Vbr' = PA 1008 (54 detail records) Sun] S76,140.00 - S25,860.60 S50,279.40 Thu rsduY, Septcmhcr 23, 2010 Mize 2 of 2 NORTH Uj 1■ > Z 0 z X w -J 3969 13969 J13973 3977 / 1-1 , 1 -1 , � 3981 Northvie Park City) 3985 8.0 Acres - Net 1072 Z ■ 3993 z/ 3986 1068 0 3997 3990 1064 LEGEND ® Assessment Area Street Improvements City Community Park $ 1,070.80 Acre Public Facility - $ 1,070.80 Acre Residential Lots - $ 676.56 Lot NORTHVIEW PARK ROAD LLI 1060 4010 1056 F- 1052 14001 4000 J , 0 1 4016 4076 1<3 LU 4072 4024 406 FF 4017 0 4036 6.1 Acres 4021 Z Net 4025 4058 4029 4033Z 4037 1<3 LU 4072 4024 406 L-U > 4028 4064 0 4036 4044� 4048 Z � 4058 4041 1 4045 1 40491 4053 4085 4081 4077 4073 4069 4065 I'■ 4061 4057N,: Mmme-owim Lexington Parkview City of Cap Street Revitalization - Project 1008 Fig. 1 Erqif-,,J,01-;,-,, Dt�u �,r m- I Final Assessments i ,e[)t 0 0 CITY PROJECT NO 1008 FINAL ASSESSMENT INFORMATIONAL NEIGHBORHOOD MEETING LEXINGTON PARKVIEW ADDITION STREET REVITALIZATION WEDNESDAY, SEPTEMBER 29,2010,6:00 p.m. CONFERENCE ROOM 1AB Attendance: John Gorder, Assistant City Engineer 2 residents representing 1 property (see attached sign -in sheet). Questions/ Comments 1. We just bought our house last August and are unfamiliar with the project and assessment timeline, and if this should have been disclosed to us by the seller prior to our purchase. While a letter was sent to the property owners in Spring 2009 informing them of a possible upcoming street improvement project, the first legal notice was sent from the City to property owners two weeks before the project's public hearing February 16. After the approval by the City Council February 16, the special assessment is then considered a pending assessment. Prior to February 16, 2010, the assessment was neither pending nor levied, so it likely did not have to be legally disclosed. 2. Are there any other projects in the next few years where there may be an assessment to our property? This project's street improvements will extend the life of the pavement another 20 to 25 years, and there are no projects in the City's 5 -Year Plan (Capital Improvement Plan) which would identify a special assessment to your property. G:Proj & Contract Info /1008 Lex Pkview Final Assessment/NH Mtg Minutes 100 NEIGHBORHOOD MEETING Project 1008, Contract 10 -02 Lexington/ Parkview Additions City of Eap Wednesday, September 29, 2010 6:00 p.m. NAME ADDRESS 1. & ?y - X033 ll/aYGr�r T �� 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. G:FORMS /SIGN- IN.SHT Agenda Information Memo October 5, 2010 Eagan City Council Meeting F. PROJECT 1026, NORTHVIEW MEADOWS 2nd ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1026 ( Northview Meadows 2 "d Addition - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1026 provided for the street improvements of various streets within Northview Meadows 2nd Addition located south of Diffley Road and east of Daniel Drive. • The Final Assessment Roll was presented to the City Council on September 7, 2010, with a public hearing scheduled for October 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 29% less than the estimated benefit amounts that were presented at the original Public Hearing on February 16, 2010. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 30 to address all property owners' questions or concerns and provide any additional information of interest. Of the 38 single - family parcels being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages through. le g-,l FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 1026 Assessment: October 5, 2010 Name: Northview Meadows 2nd Project Approval Date: January 5, 2010 Street Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY SEWER STORM SEWER Trunk F]Trunk F� Lateral R Service F] Lat. Benefit/Trunk WATER STREE T Trunk F]Gravel Base Lateral 0 Surf. /Signs - Direct Access $ 673.48 $ 953 SF Service F] TH - Indirect Access E] Lat. Benefit/Trunk E:] C/I Equivalent ❑ WAC ❑ Driveway OTHER STREETLIGHTS Service Pair nInstallation n Energy Charge Contract Number of Number Parcels Terms Interest Rate 10 -02 38 5 Yrs 5.0% /451ff- Amount City Assessed Financed $25,592.28 $42,191.80 $36,200 FR $50,000 FR 4b� City of Eapn Memo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 14, 2010 Subject: Final Assessment Roll, Project 1026 Northview Meadows 2nd Addition Street Overlay Improvements At the public hearing on January 5, 2010, the City Council ordered Project 1026, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street signage for the streets within the Northview Meadows 2nd Addition neighborhood, and replacement of curb and gutter as needed. In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 10 -02. The following information was used in the preparation of the assessment roll for Project 1026. PROJECT COST The construction cost includes the amount of $49,194.71 paid to the contractors for the construction of the improvements. New traffic and street signage was not necessary. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $18,589.37 were incurred resulting in an improvement and project cost of $67,784.08. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COSTS REPORT Mill & Overlay /Sign Repair Curb & Gutter $37,147.51 $14,037.05 $51,184.56 $12,047.20 $4,552.32 16,599.52 $72,300 $13,900 $49,194.71 $18,589.37 $67,784.08 $86,200 /Gf ASSESSMENTS • TRUNK ASSESSMENTS -No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. • STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Subtotal Other costs @ 37.79% Mill & Overlay/ Street Sign Cost EXTENDED COST S 5,000.00 1,740.86 20,891.25 385.00 730.40 180.00 2,000.00 1,320.00 0.00 365.00 4,535.00 37,147.51 14,037.05 S 51,184.56 • IMPROVEMENT AND ASSESSMENT RATES Low Density Residential - The improvement and assessment rates for low- density residential properties is computed as follows: $ 51,184.56 (Mill & Overlay Cost + Signage Cost) x 50 %] = $25,592.28 [Total Residential Assessment (R -1, 2, 3)] $25.592.28 (Total Residential Assessment) --> S673.48 / lot 38 Single Family Residential Lots C ASSESSMENT TERMS - The assessments are proposed for a tern of 5 years for residential properties. The interest rate is 5.0% per annum on the unpaid balance. 2 /CJ_ UNIT ITEM UNIT QTY PRICE Mobilization LS 1.00 5,000.00 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY 2,123.00 0.82 Type LVWE4503013 Wearing Course Mixture TON 464.25 45.00 Type LVWE45030B Wear Course - Patching TON 3.50 110.00 Bituminous Material for Tack Coat GAL 332.00 2.20 Adjust Gate Valve Box EA 1.00 180.00 Adjust Frame and Ring Casting (Manhole) EA 5.00 400.00 Adjust Manhole Casting - Riser Adjustment EA 8.00 165.00 Repair Gate Valve Mid Section EA 0.00 380.00 Repair Gate Valve Top Section w /Cover EA 1.00 365.00 Traffic Control LS 1.00 4,535.00 Subtotal Other costs @ 37.79% Mill & Overlay/ Street Sign Cost EXTENDED COST S 5,000.00 1,740.86 20,891.25 385.00 730.40 180.00 2,000.00 1,320.00 0.00 365.00 4,535.00 37,147.51 14,037.05 S 51,184.56 • IMPROVEMENT AND ASSESSMENT RATES Low Density Residential - The improvement and assessment rates for low- density residential properties is computed as follows: $ 51,184.56 (Mill & Overlay Cost + Signage Cost) x 50 %] = $25,592.28 [Total Residential Assessment (R -1, 2, 3)] $25.592.28 (Total Residential Assessment) --> S673.48 / lot 38 Single Family Residential Lots C ASSESSMENT TERMS - The assessments are proposed for a tern of 5 years for residential properties. The interest rate is 5.0% per annum on the unpaid balance. 2 /CJ_ CITY REVENUES (RESPONSIBILITY) IMPROVEiMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Mill & Overlay /Sign $51,184.56 $25,592.28 $25,592.28 Repair Curb & Gutter 16,599.52 0.00 16,599.52 $67,784.08 $25,592.28 542,191.80 ■ CITY FUND RESPONSIBILITY Major Street Fund: $42,191.80 n Gorder, P.E. Reviewed Public Works Department � -5v -kL Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Date n .._2 `� c Combined Assessment Roll Project Number PA1026 Pending Proposed PID Address Addition Name Assessment Variance Assessment 10- 52101 - 010 -01 921 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 010 -02 920 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 020 -01 917 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101- 020 -02 916 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 030 -01 913 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 030 -02 912 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 040 -01 909 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 040 -02 894 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 050 -01 905 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 050 -02 884 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 060 -01 901 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 060 -02 880 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 070 -01 897 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 070 -02 876 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 080 -01 893 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 080 -02 872 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 090 -01 889 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 090 -02 868 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 100 -01 885 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 100 -02 864 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 110 -01 881 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 110 -02 854 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 120 -01 877 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 120 -02 844 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 130 -01 873 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 130 -02 840 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 140 -01 869 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 140 -02 830 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 150 -01 865 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 160 -01 861 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 170 -01 857 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 180 -01 853 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 190 -01 849 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 200 -01 845 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 210 -01 841 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 220 -01 837 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 230 -01 833 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 10- 52101 - 240 -01 829 Curry Tr Northview Meadows 2nd $953.00 - $279.52 $673.48 Summary, fcr'SA_Nbr' = PA 1026 (38 detail records) Sum $36,214.00 - $10,621.76 $25,592.24 Nednesda -l-, September 29, 2010 Page 1 of 1 fa7 J NORTH t:�4 DIFFLEY ROAD ------------------ 10-40 '90 1 897 / 893 • 905 U RY 88 909 885 913 881 877 917 • 894 87' 912 • N 916 884 880 920 NO/Z§ V., 876 0 • 872 868 864 844 E 840 8 \ _ 830 0 -. 83 833 829 21 1) . - - I City of Eap Engineering Department lry,F � BR DOC, A Uu�- LEGEND Assessment Area Street Improvements Residential Lots - $ 673.48 /Lot Northview Meadows 2nd Add. Street Revitalization - Project 1026 Final Assessments Agenda Information Memo October 5, 2010 Eagan City Council Meeting G. PROJECT 1020, THOMAS LAKE WOODS ADDITION STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1020 (Thomas Lake Woods Addition - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1020 provided for the street improvements of various streets within the Thomas Lake Woods neighborhood located north of Cliff Road and west of Thomas Lake Road. • The Final Assessment Roll was presented to the City Council on September 7, 2010, with a public hearing scheduled for October 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment cost is approximately 14% less than the estimated benefit amounts that were presented at the original Public Hearing on February 16, 2010. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 29 to address all property owners' questions or concerns and provide any additional information of interest. Of the 87 properties (60 townhomes and 27 single - family parcels) being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages through. IWO FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 1020 Assessment: October 5, 2010 Name: Thomas Lake Woods Project Approval Date: January 19, 2010 Street Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY SEWER STORM SEWER ❑Trunk ❑Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/Trunk WATER STREET ❑Trunk ❑Gravel Base ❑ Lateral Surf. /Signs - Direct Acces $528.27 $611 /TH $704.35 $816 /SF ❑ Service ❑ TH - Indirect Access ❑ Lat. Benefit/Trunk ❑ C/I Equivalent ❑ WAC ❑ Driveway OTHER STREETLIGHTS ❑ Service Pair ❑ Installation ❑ Energy Charge Contract Number 10 -02 Number of Interest Amount City Parcels Terms Rate Assessed Financed 87 5 Yrs 5.0% $50,713.49 $85,502.09 $58,650 FR $97,350 FR /�v Alk$p City of Evan demo To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 14, 2010 Subject: Final Assessment Roll, Project 1020 Thomas Lake Woods Addition Street Overlay Improvements At the public hearing on January 19, 2010, the City Council ordered Project 1020, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay and replacement of traffic and street signage for the streets within the Thomas Lake Woods neighborhood, and replacement of curb and gutter as needed. In the feasibility report, it was proposed to assess 50% of the street overlay and signage improvements in accordance with the City Special Assessment Policy. The improvements were completed under Contract 10 -02. The following information was used in the preparation of the assessment roll for Project 1020. PROJECT COST The construction cost includes the amount of $102,522.37 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $1,459.11. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $32,234.10 were incurred resulting in an improvement and project cost of $136,215.58. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY INIPROVENHI NT COST COSTS COSTS REPORT Mill & Overlay /Sign $77,425.26 $24,001.71 $101,426.97 $117,300 Repair Curb & Gutter $26,556.22 $8,232.39 34,788.61 $38,700 $103,981.48 $32,234.10 $136,215.58 $156,000 ASSESSMENTS • TRUNK ASSESSMENTS -No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. • STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: • IMPROVEMENT AND ASSESSMENT RATES Low Density Residential - The improvement and assessment rates for low- density residential properties is computed as follows: $101,426.97 (Total Mill & Overlay/ Sign Cost) x 50% = $50,713.49 Assessment (R1, 2, 3) $50,713.49 (Residential Assessment) $704.35/ lot equivalent 72 Equivalent Single Family Residential Lots Town house => 75% of a SF Lot (0.75 x $704.35/ lot) = $528.27/ Townhouse Unit • ASSESSMENT TERMS - The assessments are proposed for a term of 5 years for residential properties. The interest rate is 5.0% per annum on the unpaid balance. 2 /ice UNIT EXTENDED ITEM UNIT OTY PRICE COST Mobilization LS 1.00 $ 5,000.00 $ 5,000.00 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY 4,470.00 0.82 3,665.40 Type LVWE45030B Wearing Course Mixture TON 1,120.07 45.00 50,403.15 Type LVWE45030B Wear Course - Patching TON 10.16 110.00 1,117.60 Bituminous Material for Tack Coat GAL 750.00 2.20 1,650.00 Adjust Gate Valve Box EA 3.00 180.00 540.00 Adjust Frame and Ring Casting (Manhole) EA 13.00 400.00 5,200.00 Adjust Manhole Casting - Riser Adjustment EA 10.00 165.00 1,650.00 Repair Gate Valve Mid Section EA 1.00 380.00 380.00 Repair Gate Valve Top Section w /Cover EA 5.00 365.00 1,825.00 Traffic Control LS 1.00 4,5 35.00 4,53 5.00 Traffic Signs LS 1.00 1,459.11 1.459.11 Subtotal 77,425.26 Other costs @ 31.00% 24,001.71 Mill & Overlay/ Street Sign Cost $ 101,426.97 • IMPROVEMENT AND ASSESSMENT RATES Low Density Residential - The improvement and assessment rates for low- density residential properties is computed as follows: $101,426.97 (Total Mill & Overlay/ Sign Cost) x 50% = $50,713.49 Assessment (R1, 2, 3) $50,713.49 (Residential Assessment) $704.35/ lot equivalent 72 Equivalent Single Family Residential Lots Town house => 75% of a SF Lot (0.75 x $704.35/ lot) = $528.27/ Townhouse Unit • ASSESSMENT TERMS - The assessments are proposed for a term of 5 years for residential properties. The interest rate is 5.0% per annum on the unpaid balance. 2 /ice CITY REVENUES (RESPONSIBILITY) IMPROVFANIENT ASSESSMENT CITY IMPROVENIENT COST REVENUE RESPONSIBILITY Mill & Overlay /Sign Repair Curb & Gutter ■ CITY FUND RESPONSIBILITY Major Street Fund: $85,502.09 J' vn Gorder, P.E. Reviewed t ` Public `Yorks Department r Gi Date $101,426.97 34,788.61 $50,713.49 $50,713.48 0.00 34,788.61 $136,215.58 850,713.49 $85,502.09 C: Thomas A. Colbert_ Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I Date Combined Assessment Roll Project Number PA 1020 Pending Proposed PID Address Addition Name Assessment Variance Assessment 10- 76100 - 010 -01 1555 Mallard Dr Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100 - 010 -02 1562 Mallard Dr Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100- 010 -03 4519 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 010 -04 4468 Mallard Tr N Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100- 020 -01 1561 Mallard Dr Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100 - 020 -02 1560 Mallard Dr Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 020 -03 4517 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 020 -04 4464 Mallard Tr N Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100- 030 -01 1567 Mallard Dr Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100 - 030 -02 1566 Mallard View Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100- 030 -03 4523 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 030 -04 4467 Mallard Tr N Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100 - 040 -01 1573 Mallard Dr Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100- 040 -02 1564 Mallard View Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100- 040 -03 4521 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100- 040 -04 4471 Mallard Tr N Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100 - 050 -01 1579 Mallard Dr Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100 - 050 -02 1568 Mallard View Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 050 -03 4525 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100- 050 -04 4481 Mallard Tr N Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100 - 060 -01 1585 Mallard Dr Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100- 060 -02 1570 Mallard View Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 060 -03 4527 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 060 -04 4489 Mallard Tr N Thomas Lake Woods 5816.00 - $111.65 $704.35 10- 76100- 070 -01 1591 Mallard Dr Thomas Lake Woods $816.00 - S111.65 $70435 10- 76100 - 070 -02 1574 Mallard View Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 070 -03 4531 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100- 070 -04 4493 Mallard Tr N Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100 - 080 -01 1597 Mallard Dr Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100 - 080 -02 1572 Mallard View Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100- 080 -03 4529 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100- 080 -04 4497 Mallard Tr N Thomas Lake Woods $816.00 - S111.65 $704.35 10- 76100 - 090 -01 4494 Mallard Tr N Thomas Lake Woods 5816.00 - 5111.65 $704.35 10- 76100 - 090 -02 1576 Mallard View Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 090 -03 4535 Mallard Tr S Thomas Lake Woods S611.00 - $82.73 $528.27 10- 76100- 090 -04 1615 Mallard Dr Thomas Lake Woods S816.00 - S111.65 $704.35 10- 76100 - 100 -01 4490 Mallard Tr N Thomas Lake Woods $816.00 - S111.65 $704.35 10- 76100 - 100 -02 1578 Mallard View Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 100 -03 4539 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 {Vednesday, September 29, 2010 Pa; e I of 3 Combined Assessment Roll Project Numher PA 1020 Pending Proposed PID Address Addition Name Assessment Variance Assessment 10- 76100 - 100 -04 1621 Mallard Dr Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100 - 110 -01 4486 Mallard Tr N Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100 - 110 -02 1582 Mallard View Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100- 110 -03 4537 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 120 -01 4482 Mallard PI Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100 - 120 -02 1580 Mallard View Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 120 -03 4533 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 130 -01 4480 Mallard PI Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100 - 130 -02 1584 Mallard View Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 130 -03 4540 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 140 -01 4478 Mallard PI Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100 - 140 -02 1586 Mallard View Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 140 -03 4544 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 150 -01 4476 Mallard PI Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100 - 150 -02 1590 Mallard View Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 150 -03 4546 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 160 -01 4474 Mallard PI Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100 - 160 -02 1588 Mallard View Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 160 -03 4542 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 170 -01 4472 Mallard PI Thomas Lake Woods $816.00 - $111.65 $704.35 10- 76100 - 170 -02 1592 Mallard View Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 170 -03 4538 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 180 -02 1594 Mallard View Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100- 180 -03 4536 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 190 -02 1596 Mallard View Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 190 -03 4532 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 200 -02 1598 Mallard View Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 200 -03 4534 Mallard Tr S Thomas Lake Woods $611.00 - S82.73 $528.27 10- 76100 - 210 -02 1602 Mallard View Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 210 -03 4530 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 220 -02 1600 Mallard View Thomas Lake Woods $611.00 - S82.73 $528.27 10- 76100 - 220 -03 4528 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100- 230 -02 1604 Mallard Dr Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 230 -03 4524 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 240 -02 1606 Mallard Dr Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100- 240 -03 4526 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 250 -03 4522 Mallard Tr S Thomas Lake Woods $611.00 - S82.73 $528.27 10- 76100 - 260 -03 4520 Mallard Tr S Thomas Lake Woods $611.00 - $82.73 $528.27 10- 76100 - 270 -03 4516 Mallard Tr S Thomas Lake Woods S611.00 - S82.73 $528.27 10- 76100 - 280 -03 4518 Mallard Tr S Thomas Lake Woods S611.00 - $82.73 $528.27 10- 76100 - 290 -03 4514 Mallard Tr S Thomas Lake Woods S611.00 - S82.73 5528.27 Wednesday, September 29, 2010 //5 Page 2 of Combined Assessment Doll Project Number PA1020 PID Address Addition Name 10- 76100 - 300 -03 4512 Mallard Tr S Thomas Lake Woods 10- 76100 - 310 -03 4508 Mallard Tr S Thomas Lake Woods 10- 76100 - 320 -03 4510 Mallard Tr S Thomas Lake Woods 10- 76100 - 330 -03 4506 Mallard Tr S Thomas Lake Woods 10- 76100 - 340 -03 4504 Mallard Tr S Thomas Lake Woods 10- 76100 - 350 -03 4500 Mallard Tr S Thomas Lake Woods 10- 76100 - 360 -03 4502 Mallard Tr S Thomas Lake Woods Summary for'SA_Nbt' = PA 1020 (87 detail records) Sum $528.27 $611.00 lVednesdaY, September 29, 2010 Pending Proposed Assessment Variance Assessment $611.00 - $82.73 $528.27 $611.00 - $82.73 $528.27 $611.00 - $82.73 $528.27 $611.00 - $82.73 $528.27 $611.00 - $82.73 $528.27 $611.00 - $82.73 $528.27 $611.00 - $82.73 $528.27 $58,692.00 - $7,978.35 $50,713.65 Page 3 of 3 1� 4474 4476 NORTH 1555 oOO 4468 1567 1561 4472 4478 1573 ■ 4464 N. ALLARD 1 4467 1579 4482 4480 4481 1 1585 4471 4486 < 1591 ,yea J 10 < —J 4489 ti a 0 1597 ry % 4490 4493 4494 co 1621 1615 4497 6 510 4 _IV ly CO 4537 4535 4529 1525 4521 4519 1 4531 X4527 1523 4517 0 ALLAR D 4 53.3 4539 4502 4 533 4506 4500 4540 A 530 518 451 4510 0 4542 4538 453 52 452 4508 4504 512 5321 1 4544 4546 4536 4528 4524 45 _J 0 C/) 7 --- w r r r w r r r r r r w - - - - - - - - - - - - - 0 LEGEND Assessment Area Street Improvements Residential Lots $ 704.35 Lot Townhouse Units $ 528.27 Unit Ann City of EaV .Engine—ring Department THOMAS CENTER Thomas Lake Woods Street Revitalization - Project 1020 Fig. 1 Final Assessments 117 Agenda Information Memo October 5, 2010 Eagan City Council Meeting H. PROJECT 1027, PATRICK ROAD STREET OVERLAY IMPROVEMENTS FINAL ASSESSMENT HEARING ACTION TO BE CONSIDERED: Approve the Final Assessment Roll for Project 1027 (Patrick Road - Street Overlay Improvements) and authorize its certification to Dakota County for collection. FACTS: • Project 1027 provided for the street and concrete entrance improvements of Patrick Road south of Diffley Road and east of Lexington Avenue. • The Final Assessment Roll was presented to the City Council on September 7, 2010, with a public hearing scheduled for October 5 to formally present the final costs associated with this public improvement to the affected benefiting properties. • The final assessment costs are approximately 2% less than the estimated benefit amounts that were presented at the original Public Hearing on February 16, 2010. • All notices have been published in the legal papers and sent to all affected property owners informing them of this public hearing. An informational meeting was held on September 30 to address all property owners' questions or concerns and provide any additional information of interest. Of the 4 commercial/ industrial parcels being assessed, no one attended the meeting. ATTACHMENTS: • Final Assessment Report, pages through FINAL ASSESSMENT HEARING PROJECT PUBLIC HEARING DATES Number: Project 1027 Assessment: October 5, 2010 Name: Patrick Road Project Approval Date: January 5, 2010 Street Improvements Final Feasibility Final Feasibility Rate Report Units Rate Report Units SANITARY SEWER STORM SEWER ❑Trunk ❑Trunk ❑ Lateral ❑ Service ❑ Lat. Benefit/Trunk WATER STREET ❑Trunk ❑Gravel Base ❑ Lateral ❑ Surf. /Signs - Direct Access ❑ Service ❑ Park/ Public Facility ❑ Lat. Benefit/Trunk F%ol Surf. /Signs - Direct Acces $42.32 $43.02 FF Commercial/ Ind ❑ WAC Driveway - CI $87 $108 SY OTHER STREETLIGHTS ❑Service Pair ❑Installation ❑ Energy Charge Contract Number of Interest Amount Number Parcels Terms Rate Assessed 10 -02 4 10 Yrs 5.0% //9 City Financed $59,544.35 $16,714.35 $64,200 FR $13,700 FR 411� City of Evan ma To: Mayor and City Council From: John Gorder, Assistant City Engineer Date: September 14, 2010 Subject: Final Assessment Roll, Project 1027 Patrick Road Street Overlay Improvements At the public hearing on January 5, 2010, the City Council ordered Project 1027, and in accordance with the feasibility report, the following improvements were constructed: mill and overlay, replacement of traffic and street signage, and concrete entrance aprons for Patrick Road and replacement of curb and gutter as needed. In the feasibility report, it was proposed to assess 100% of the street overlay and signage improvements, and 100% of the concrete entrance improvements, in accordance with the City Special Assessment Policy. The improvements were completed under Contract 10 -02. The following information was used in the preparation of the assessment roll for Project 1027. PROJECT COST The construction cost includes the amount of $56,086.28 paid to the contractors for the construction of the improvements. Traffic and street signage was installed at a cost of $50.79. Other costs including engineering, design, contract management, inspections, financing, legal, bonding, administration, and other totaling $20,121.63 were incurred resulting in an improvement and project cost of $76,258.70. The detail of these other costs is provided on Schedule I. These other costs are allocated to the improvements constructed in order to determine the cost of each improvement and the assessment rate. CONSTRUCTION OTHER IMPROVEMENT FEASIBILITY IMPROVEMENT COST COSTS COSTS REPORT Mill & Overlay/Sign $19,625.01 $7,034.34 $26,659.35 $27,100.00 Repair Curb & Gutter 12,304.10 4,410.25 16,714.35 13,700.00 Concrete Entrance Aprons 24,207.96 8,677.04 32,885.00 37,100.00 $56,137.07 $20,121.63 $76,258.70 $77,900.00 ASSESSMENTS • TRUNK ASSESSMENTS -No trunk assessments for utilities were proposed in the feasibility report, therefore, none are proposed in this assessment roll. • STREET IMPROVEMENTS The costs of the street overlay and street signage improvements were computed using the following unit prices and quantities: Subtotal 19,625.01 Other costs @ 35.84% 7,034.34 Mill & Overlay/ Street Sign Cost $ 26,659.35 UNIT EXTENDED ITEM UNIT QTY PRICE COST Mobilization LS 1.00 $ 5,000.00 $ 5,000.00 Mill Bituminous Pavement (1- 1/4" depth, 6' Width) SY 571.00 0.82 468.22 Type LVWE45030B Wearing Course Mixture TON 175.00 45.00 7,875.00 Type LVWE45030B Wear Course - Patching TON - 110.00 - Bituminous Material for Tack Coat GAL 155.00 2.20 341.00 Adjust Manhole Casting - Riser Adjustment EA 6.00 165.00 990.00 Repair Gate Valve Mid Section EA - 380.00 - Repair Gate Valve Top Section w /Cover EA 1.00 365.00 365.00 Traffic Control LS 1.00 4,535.00 4,535.00 Traffic Signs LS 1.00 50.79 50.79 Subtotal 19,625.01 Other costs @ 35.84% 7,034.34 Mill & Overlay/ Street Sign Cost $ 26,659.35 0 UNIT EXTENDED ITEM UNIT QTY PRICE COST Remove Concrete Curb and Gutter LF 256.00 $ 5.50 $ 1,408.00 Remove Bituminous Pavement SY 318.10 4.00 1,272.40 Common Excavation CY 32.00 30.00 960.00 Select Topsoil Borrow CY 0.00 28.00 - 6" Aggregate Base, Cl. 5 (100% Crushed) TON 4.27 32.00 136.64 Type LVWE45030B Wear Course - Patching TON 20.00 110.00 2,200.00 Adjust Frame & Ring Casting (CB) EA 0.00 165.00 - Concrete Curb and Gutter, B618 LF 21.00 14.35 301.35 7" Concrete Driveway Pavement - High Early SY 376.12 46.00 17,301.52 Storm Drain Inlet Protection EA 0.00 115.00 - 0 Sodding, Type Lawn (Highland) Compost, Grade 1 Subtotal Other costs @ 35.84% Concrete Ent Apron Replace/ Repair Cost SY 66.50 TON 0.57 9.20 611.80 28.50 16.25 24,207.96 8,677.04 $ 32,885.00 • IMPROVEMENT AND ASSESSMENT RATES Commercial/ Industrial Street Improvements- The improvement and assessment rate for the street improvements for commercial/ industrial properties is computed as follows: % Commercial/Industrial = 630 f.f. / 630 total f.f. = 100% [$26,659.35 (Mill & Overlay Cost) x 100% x 100 %] = $26,659.35 (Total Commercial/ Industrial Assessment) $26,659.35 (Commercial/Industrial Assessment 4 $42.32/F.F. 630 Front Feet Commercial/ Industrial — Concrete Entrance Apron Replacement - Assessment costs will be allocated to benefitting properties based on the individual entrance repair costs for each commercial/ industrial property (4 total). The proposed assessment for each property for concrete entrance replacements, per actual cost of driveway repaired, approximately $96 per square yard is proposed as follows: ADDRESS AMn11NT Lot 1, Block 1 Diffley Marketplace Addition (10- 20476 - 010 -01) $6,673.18 Lot 1, Block 1 Eagan Center 1st Addition (10- 22405- 010 -01) $ 12,174.17 (2 entrance aprons) Outlot D Eagan Center 1 st Addition (10- 22405- 040 -00) $ 6,785.55 Outlot C Lexington Pointe 8th Addition (10- 45092- 030 -00) $ 7,252.10 Total $ 32,885.00 • ASSESSMENT TERMS - The assessments are proposed for a term of 10 years for commercial/ industrial properties. The interest rate is 5.0% per annum on the unpaid balance. 1'17315� CITY REVENUES (RESPONSIBILITY) IMPROVEMENT ASSESSMENT CITY IMPROVEMENT COST REVENUE RESPONSIBILITY Mill & Overlay /Sign Repair Curb & Gutter Concrete Entrance Aprons ■ CITY FUND RESPONSIBILITY Major Street Fund: $16,714.35 J66 Gorder, P.E. Reviewed Public Works Department r� $26,659.35 $26,659.35 $16,714.35 0.00 $32,885.00 $32,885.00 $76,258.70 $59,544.35 Date C: Thomas A. Colbert, Director of Public Works Mike Dougherty, City Attorney Sue Sheridan, Accountant I $0.00 $16,714.35 0.00 $16,714.35 Date /'��J- Yzq Combined Assessment Roll Project Number PA1027 PID Address Addition Name 10- 20476 - 010 -01 10- 22405 - 010 -01 10- 22405 - 040 -00 10- 45092 - 030 -00 Summary for'SA. Sunt 1020 Diff ley Rd Diffley Marketplace 2nd 4250 Lexington Ave Eagan Center 1st Eagan Center 1st Lexington Pointe 8th Nbr' = PA1027 (4 detail records) Pending Proposed Assessment Variance Assessment $13,429.00 - $4,217.18 $9,211.82 $21,710.00 $1,255.20 $22,965.20 $21,059.00 - $3,482.41 $17,576.59 $8,005.00 $1,785.74 $9,790.74 $64,203.00 -$4,658.65 $59,544.35 {Verbtesdny, September 29, 2010 Pa,-e 1 of 1 NORTH 4 ' EY IFFL , �o�,TCILIT� LExIf TIC F ATxLE KENSINGTON DIFFLEY ROAD aa. P �e O Lot 1 Pp0' G� P� v p trick . ` - - 255' "� 60' pp. �5 o I O I Z 9 ouTLo, c as J P °, a DIFFLEY MARKETPLACE 2nd Add. TIRILLIUM CT. \C LEXINGTON P LEGEND Assessment Area Street Improvements - S 42.32 / Front Foot Concrete Entrance Apron Replacement S = Cost to Replace Patrick Road City Of Eap Street Revitalization - Project 1027 Fig. ngineen� D�partr en; Final Assessments I Agenda Information Memo October 5, 2010 Eagan City Council Meeting OLD BUSINESS A. ORDINANCE AMENDMENT - CHAPTER 6, OTHER BUSINESS REGULATION AND LICENSING, SECTION 6.34, TOBACCO ACTION TO BE CONSIDERED: • To approve an ordinance amendment to Chapter 6, Other Business Regulation and Licensing, Section 6.34 Tobacco. FACTS: • At the September 7, 2010 Regular City Council Meeting the City Attorney's Office was authorized to prepare an ordinance amendment to Chapter 6 of the City Code regarding the regulation and licensing of tobacco. • In the 2010 Legislative Session the State Legislature passed the Tobacco Modernization and Compliance Act of 2010. In general key provisions of the Act are as follows: • It expands the definition of tobacco /tobacco products to include any product that contains tobacco and is intended for human consumption. • It requires all tobacco products and tobacco - related devices to be sold behind the counter so they are not easily accessible to youth. (Certain exceptions for "tobacco stores" remain.) • It prevents the sale of new tobacco products and e- cigarettes to youth. • The Eagan City Code needs to be amended to remain consistent with State Law. • The City Attorney's Office is also recommending that certain other housekeeping changes be made to Section 6.34 at the same time to provide clear consistency within the Code. • The City Attorney's Office has previously opined that online sales of tobacco fall within the definition of "moveable place of business" and thus, are prohibited. The amended regulation to be proposed will also add clear regulation covering sales via computer or any other electronic mobile device. ATTACHMENTS: • Enclosed on pages through !a� is a copy of the proposed ordinance amendment. / C�_6 ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER SIX ENTITLED "OTHER BUSINESS REGULATION AND LICENSING" BY AMENDING SECTIONS 6.34 REGARDING TOBACCO SALES REGULATIONS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 6.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Six is hereby amended by changing the following definitions in Section 6.34, Subd. 2, to read as follows: Moveable place of business shall mean any form of business operated by which sales are made by U.S. Mail or other courier service or online (internet) services or out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Tobacco or Tobacco Products shall mean any substance�er item, or product that eensists of 1 tebaeee that ^,mains nieetine containing, made or derived from tobacco that is intended for human consumption whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means or any component, part, or accessory of a tobacco product, including but not limited to: cigarettes,., cigars-%, pipe tobacco,., snuff,., fine cut or other chewing tobacco,., cheroots;: stogies;., perique,., granulated, plug cut, crimp cut, ready - rubbed, and other smoking tobacco;; snuff flowers;.- cavendish;., shorts;; plug and twist tobaccos;., dipping tobaccos,; refuse scraps,, clippings, cuttings, and sweepings of tobacco,., and other kinds and forms of tobacco Leaf prepared in e f as to be suitable f f ,.h°•, ing ,:.frog The term tobacco or tobacco products exclude any tobacco product that has been approved by the United States Food /6�7 MWEINVIn Moveable place of business shall mean any form of business operated by which sales are made by U.S. Mail or other courier service or online (internet) services or out of a truck, van, automobile, or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Tobacco or Tobacco Products shall mean any substance�er item, or product that eensists of 1 tebaeee that ^,mains nieetine containing, made or derived from tobacco that is intended for human consumption whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means or any component, part, or accessory of a tobacco product, including but not limited to: cigarettes,., cigars-%, pipe tobacco,., snuff,., fine cut or other chewing tobacco,., cheroots;: stogies;., perique,., granulated, plug cut, crimp cut, ready - rubbed, and other smoking tobacco;; snuff flowers;.- cavendish;., shorts;; plug and twist tobaccos;., dipping tobaccos,; refuse scraps,, clippings, cuttings, and sweepings of tobacco,., and other kinds and forms of tobacco Leaf prepared in e f as to be suitable f f ,.h°•, ing ,:.frog The term tobacco or tobacco products exclude any tobacco product that has been approved by the United States Food /6�7 and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for an approved purpose. Section 2. Eagan City Code Chapter Six is hereby amended by changing Section 6.34, Subd. 14(C), to read as follows: C. By means of self - service merchandising preduets, unless granted an exemption under the licensee's license as provided herein; Section 3. Eagan City Code Chapter Six is hereby amended by changing Section 6.34, Subd. 15, to read as follows: Subd. 15. Self - service sales. All tobacco, tobacco products, and tobacco related devices shall either be stored behind a counter or other area, including a case or other storage unit, which is not freely accessible and not left open or accessible by the general public. Any retailer selling tobaeee, tobaeee pr-oduets, or tobaeee related deviees a4 the tiffle this ehaptef is adopted shall eemply with this seetion within 30 days following the effeefive date of this ehapt This section shall not apply to o any licensee that was granted an exemption under its license for self - service merchandising. Section 4. Eagan City Code Chapter Six is hereby amended by changing Section 6.34, Subd. 18, to read as follows: Subd 18. Unlawful sale, purchase or possession. Unless otherwise provided, the following acts shall be unlawful. A. Illegal possession. It is unlawful for any miner- person under the age of 18 to have in his or her possession any tobacco, tobacco product, or tobacco related device. This division shall not apply to miners-persons under the age of 18 lawfully involved in a compliance check or fulfilling his or her duties as an employee of the licensee in making a retail sale. B. Illegal purchase by minor. It shall be unlawful for any miner- person under the age of 18 to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco related device. It shall be unlawful for any person under the age of 18 to purchase, attempt to purchase, or possess a product containing or delivering nicotine or lobelia intended for human consumption, or any part of such aproduct, that is not tobacco as defined herein. This division shall not apply to minors lawfully involved in a compliance check. C. Illegal purchase or procurement for minor. It shall be unlawful for any person to purchase or otherwise obtain for or provide to any miner - person under the age of 18 any tobacco, tobacco product, or tobacco related device. It shall further be unlawful for any person to coerce or attempt to coerce a miner person under the age _of 18 to illegally purchase or otherwise obtain or use any tobacco, tobacco product, or tobacco related device. This division shall not apply to mines person under the age of 18 lawfully involved in a compliance check. D. Use of false identification. It shall be ^ viol tier of this ehapter unlawful for any miner person under the age of 18 to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. E. Illegal sale to person under the age of 18. It shall be unlawful for any person to sell, obtain for or otherwise provide to any person under the age of 18 tobacco or a product containing or delivering nicotine or lobelia intended for human consumption, or any part of such product, that is not tobacco as defined in this chapter. This section shall not apply to a parent or legal guardian of a person under the age of 18 who obtained or provided to the person under the age of 18 such product if the product has been approved or otherwise certified for legal sale by the United States Food and Drug_ Administration for tobacco use cessation, harm reduction or for other medical purposes, and is being marketed and sold solely for the approved purpose. Section 5. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 6.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 6. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN By: Maria Petersen Its: City Clerk Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: City Council By: Mike Maguire Its: Mayor /6� 9 Agenda Information Memo October 5, 2010 Eagan City Council Meeting B. ORDINANCE AMENDMENT — CITY OF EAGAN ACTION TO BE CONSIDERED: Approve Ordinance Amendment to City Code Chapter 11, Sect. 11.70, Subd. 28, relating to signage options for those properties with freeway frontage. REQUIRED VOTE FOR APPROVAL: Majority of Council Members Present FACTS: ➢ The Eagan Sign Ordinance permits only those commercial and industrial properties with freeway frontage the ability to have a pylon sign (via CUP) on the freeway side of the property and a ground sign on the opposite side of the property. ➢ Additionally, building signage is limited to one side or fagade of an interior space of a multi- tenant building; end cap spaces are allowed signage on up to two facades. ➢ Staff believes an ordinance amendment allowing the option of a pylon sign or additional building signage will benefit both the property owner /tenant by providing flexibility and the City by potentially limiting the number of new pylon signs adjacent to freeways. ➢ Under this amendment, in lieu of a site pylon sign for the property in question, an end -cap tenant would be allowed building signage on all three sides of the tenant space and a tenant with interior space would be allowed building signage on the front and rear of their leased space. In any case, all signage would be required to meet standard City Code requirements regarding design, size and operation. ➢ The APC held a Public Hearing on September 28, 2010 and is recommending approval. ATTACHMENTS: (2) Draft September 28, 2010 APC minutes on page J3/. Staff report/draft Ordinance on pages a— through 154 Advisory Planning Commission September 28, 2010 Page 5 of 6 D. Ordinance Amendment Applicant Name: City of Eagan Application: Ordinance Amendment An Ordinance Amendment to Chapter 11 regarding signage for properties with freeway frontage. File Number: 01- OR- 06 -08 -10 City Planner Ridley introduced this item and highlighted the information presented in the City Staff report dated September 21, 2010. He noted the background and ,history and purpose for the proposed amendment. Chair Chavez commented on sign provisions for end -cap versus interior tenants. Those provisions do not appear in the amendment, but it appears to be covered by signs needing to meet all other City Code requirements. Member Heaney questioned the term "freeway" versus "highway" and asked what constitutes a "freeway. City Planner Ridley responded that the freeways in the City are 1 -35E, Cedar/TH -77, and 1 -494. Member Filipi explained that freeways are designated by MnDOT and have a legal standing with the Federal Highway Administration as well. Chair Chavez highlighted that the proposed ordinance defines a freeway as "a principal arterial highway as defined in the comprehensive plan." Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. Member Heaney moved, Member Piper seconded a motion to recommend approval of an Ordinance Amendment to Chapter 11, Sect. 11.70, Subd. 28, relating to signage for commercial properties with freeway frontage. All voted in favor. Motion carried 7 -0. 131 PLANNING REPORT CITY OF EAGAN REPORT DATE: September 21, 2010 APPLICANT: City of Eagan PROPERTY OWNER: N/A REQUEST: Ordinance Amendment LOCATION: City -wide COMPREHENSIVE PLAN: N/A ZONING: N/A SUMMARY OF REQUEST CASE: 01- OR- 06 -08 -10 HEARING DATE: September 28, 2010 PREPARED BY: Michael J. Ridley, AICP The City of Eagan is requesting approval of an Ordinance Amendment to Chapter 11, Section 11.70, Subd. 28, relating to signage for commercial properties with freeway frontage. AUTHORITY FOR REVIEW City Code Chapter 11, Section 11.50, Subdivision 5 states, in part: The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two - thirds of all members of the council. BACKGROUNDIHISTORY The Eagan City Code permits only properties with freeway frontage to have both a pylon sign and a freestanding ground sign opposite the freeway frontage. The intent is to allow those such properties to have pylon sign visibility from the freeway while the ground sign provides visibility /directional signage at the point of site access. On August 17, 2010, the City Council directed staff to initiate an ordinance amendment relative to signage options for commercial properties with freeway frontage. /d:;2— Planning Report — Ordinance Amendment September 28, 2010 Page 2 EXISTING CONDITIONS Building mounted signage is allowed on up to two elevations for single tenant buildings and end - cap spaces of multi - tenant buildings. Interior tenant spaces in multi- tenant buildings are allowed signage on one elevation. EVALUATION OF REQUEST Staff was approached by a commercial property owner in town (that owns property with freeway frontage) to see if the City would consider allowing additional building signage in lieu of a site pylon sign. City staff discussed and pondered the question and arrived at the position that an ordinance amendment allowing the option of a pylon sign or additional building signage could benefit both the property owner /tenant by providing flexibility and the City by potentially limiting the number of new pylon signs. Under this scenario, in lieu of a site pylon sign for the property in question, an end -cap tenant would be allowed building signage on all three sides of the tenant space and a tenant with interior space would be allowed building signage on the front and rear of their leased space. In any case, all signage would be required to meet standard City Code requirements regarding design, size and operation. SUMMARY /CONCLUSION City staff believes the option suggested in this amendment will benefit both the property owner /tenant by providing flexibility and the City by potentially limiting the number of new pylon signs. In any case, all signage would be required to meet standard City Code requirements. ACTION TO BE CONSIDERED To recommend approval of an Ordinance Amendment to Chapter 11, Sect. 11.70, Subd. 28, relating to signage for commercial properties with freeway frontage. / 5.3- ORDINANCE NO. 2ND SERIES AN ORDINANCE OF THE CITY OF EAGAN, MINNESOTA, AMENDING EAGAN CITY CODE CHAPTER ELEVEN ENTITLED "LAND USE REGULATIONS (ZONING)" BY AMENDING SECTION 11.70, SUBD. 28, REGARDING PLACEMENT, ERECTION AND MAINTENANCE OF SIGNS; AND BY ADOPTING BY REFERENCE EAGAN CITY CODE CHAPTER 1 AND SECTION 11.99. The City Council of the City of Eagan does ordain: Section 1. Eagan City Code Chapter Eleven is hereby amended by changing Section 11.70, Subd. 28(F)(4) to read as follows: 4. Freeway locations. An on- premises pylon sign for identification purposes is allowed for a business sign located directly adjacent to a freeway within the city. Any business that acquires a conditional use permit to erect a pylon sign for freeway identification may be allowed an additional freestanding ground sign to be located on the side of the property opposite of the freeway. Notwithstanding the provisions of this Subdivision restricting the number of building- mounted signs permitted, a business name sign may be displayed on the elevation facing the freeway in lieu of a on- premise pylon sign permitted in this paragraph. All signs must comply in all other respects with the provisions of this section. A freeway shall be defined as a principal arterial highway as defined in the comprehensive plan. Section 2. Eagan City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including 'Penalty for Violation "' and Section 11.99, entitled "Violation a Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim. Section 3. Effective Date. This ordinance shall take effect upon its adoption and publication according to law. ATTEST: CITY OF EAGAN City Council By: Maria Petersen By: Mike Maguire Its: City Clerk Its: Mayor Date Ordinance Adopted: Date Ordinance Published in the Legal Newspaper: Date of Advisory Planning Commission Hearing: 134 Agenda Information Memo October 5, 2010, Eagan City Council Meeting VII. NEW BUSINESS A. PLANNED DEVELOPMENT AMENDMENT — EAGAN PROMENADE SHOPPING CENTER (PROMENADE PLACE LLC) ACTION TO BE CONSIDERED: To approve (or direct Findings of Fact for denial) a Planned Development Amendment to permit six tenants and eliminate the minimum tenant size requirement for a multi - tenant retail use on property located at 1270 Promenade Place and legally described as Lot 6, Block 2, Eagan Promenade. REQUIRED VOTE FOR APPROVAL: At least three votes FACTS: ➢ The property is zoned PD, Planned Development and contains an existing approximately 14,000 s.f. multi - tenant retail commercial building. ➢ The Applicant recently took ownership of this project and wishes to clarify the existing conditions relative to the prior City zoning approvals. No new development is associated with this request. ➢ The proposed PD Amendment seeks approval to allow six tenants, including associated building architecture and signage, and to eliminate the minimum tenant size of 2,900 s.f. to account for the current occupancy and future tenant reconfiguration. ➢ The PD amendment approved a multi- tenant retail use, anticipated 5 tenants and utilized the entire 20,000 s.f. building resulting in a minimum tenant size of 2,900 s.f.. ➢ In 2009, a new developer picked up the project and further amended the PD to reduce the size of the building. The smaller building implied smaller tenant sizes, and the new fagade included tenant specific architecture for the anchor tenant. ➢ The project was completed in 2009 by yet a third developer and involved modifications that the City Council deemed as minor, not warranting a formal PD Amendment. These included: a. Going from five tenants to six tenants b. Three restaurants instead of two c. Creating an additional storefront for the sixth tenant d. Changes to the building signage for consistency and for six tenants e. Eliminating the signature architecture and replacing it with elements consistent with the rest of the building. ➢ While the City considered the changes minor, the current owner has applied for the amendment so that the specific terms of the PD align with the project as it has been built. ➢ The APC held a public hearing on September 28, 2010 and recommended approval. ISSUES: None 60 -DAY AGENCY ACTION DEADLINE: October 17, 2010 ATTACHMENTS (3): Location Map, page May 25, 2010, APC minutes, pages � through Planning Report, pages through /0(0 Locati ®n Map , � b F-71 V 1 _ W C Project Name: 1270 Promenade Place Request: PD Amendment Case Nos.: 10- PA- 07 -08 -10 Cily of Evan Feet 0 500 1,000 2,000 Legend ,J 3711 fl v-,I,a;. City Boundary Parcels \ Parks Buildings N 11 Advisory Planning Commission September 28, 2010 Page 1 of 6 MINUTES OF A REGULAR MEETING OF THE EAGAN ADVISORY PLANNING COMMISSION EAGAN, MINNESOTA September 28, 2010 A regular meeting of the Eagan Advisory Planning Commission was held on Tuesday, September 28, 2010, at 6:30 p.m., at the Eagan Municipal Center. Present were Chair Chavez, Members Daley, Piper, Heaney (arrived 6:35 p.m.), Filipi, Supina, and Jansma. Also present were, Director of Community Development Jon Hohenstein, City Planner Mike Ridley, Planner Pam Dudziak, and City Attorney Bob Bauer. AGENDA Member Daley moved, Member Supina seconded a motion to adopt the Agenda. A vote was taken. All voted in favor. Motion carried 6 -0< August 24, 2010, ADVISORY PLANNING COMMISSION MEETING MINUTES Member Supina moved, Member Daley seconded a motion to approve the August 24, 2010, Advisory Planning Commission Meeting minutes. All voted in favor. Motion carried 6 -0. III. VISITORS TO BE HEARD (10 MINUTE TOTAL TIME LIMIT) There were no visitors who wished to be heard. IV. PUBLIC HEARINGS A. Eagan Promenade Shopping Center Applicant Name: Promenade Place, LLC Location: 1270 Promenade Place; Lot 6, Block 2, Eagan Promenade Application: Planned Development Amendment A Planned Development Amendment to allow 6 tenants. File Number: 10- PA- 07 -08 -10 Planner Dudziak introduced this item and highlighted the information presented in the City Staff report dated September 21, 2010. She noted the background and history. Timothy Erb from the law firm Barna Guzy, on behalf of the applicant who is out of state, introduced himself and stated he is available for questions. Chair Chavez opened the public hearing. There being no public comment, Chair Chavez closed the public hearing and turned the discussion back to the Commission. l3 X Advisory Planning Commission September 28, 2010 Page 2 of 6 Member Filipi moved, Member Piper seconded a motion to recommend approval of a Planned Development Amendment to permit six tenants and eliminate the minimum tenant size requirement for a multi- tenant retail use on property located at 1270 Promenade Place and legally described as Lot 6, Block 2, Eagan Promenade, subject to the following conditions: 1. An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Site Plan • Building Elevations /Signage Plan • Landscape Plan 2. This Amendment is intended to supplement and amend the existing Planned Development Agreements. All other conditions in the Development Agreement remain in effect and the Property is subject to the terms and conditions of the Development Agreement, as amended by this Amendment` All voted in favor. Motion carried 7 -0. /�9 PLANNING REPORT CITY OF EAGAN REPORT DATE: September 21, 2010 APPLICANT: Promenade Place, LLC PROPERTY OWNER: Promenade Place, LLC REQUEST: Planned Development Amendment LOCATION: 1270 Promenade Place COMPREHENSIVE PLAN: SA, Special Area ZONING: PD, Planned Development SUMMARY OF REQUEST CASE: 10- PA- 07 -08 -10 HEARING DATE: September 28, 2010 APPLICATION DATE: Aug. 18, 2010 PREPARED BY: Pamela Dudziak The applicant is requesting approval of a Planned Development Amendment to permit a six retail tenants and to eliminate the minimum 2,900 s.f. tenant size, on property located at 1270 Promenade Place, legally described as Lot 6, Block 2, Eagan Promenade. AUTHORITY FOR REVIEW Chapter 11, Section 11.50, Subdivision 5 states, in part, The provisions of this chapter may be amended by the majority vote of the council, except that amendments changing the boundaries of any district or changing the regulations of any district may only be made by an affirmative vote of two- thirds of all members of the council. The Council shall not rezone any land in any zoning district or make any other proposed amendment to this chapter without first having referred it to the planning commission for its consideration and recommendation. BACKGROUND /HISTORY This property is within the Eagan Promenade development. The Eagan Promenade retail development consists of several free - standing single- occupant buildings and a larger in -line retail center. The building was initially constricted in 1998 as an Ethan Allen fiirniture store. The property is zoned PD, Planned Development. In 2008, the City approved a PD amendment allowing the building to convert to a multi- tenant retail use. In 2009, a new developer picked up the project and further amended the PD to reduce /5/o Planning Report — 1270 Promenade Place September 28, 2010 Paae 2 the size of the building and create a new facade to the building. The project was actually undertaken in 2009 by yet a third developer. The remodeling project is now complete and the building is fully leased with six tenants. EXISTING CONDITIONS The site is developed with an existing multi - tenant retail building. A Panera restaurant is adjacent to the north. The two buildings share a parking lot. Access to the site is provided from Promenade Place, a private street internal to the commercial retail development. SURROUNDING USES The following existing uses, zoning, and comprehensive guide plan designations surround the subject property: EVALUATION OF REQUEST Description of Proposal — The Applicant recently took ownership of this project and is proposing a PD Amendment to clarify the existing conditions relative to the prior City zoning approvals. Specifically, the proposed PD Amendment seeks approval to allow six tenants, including associated building architecture and signage, and to eliminate the minimum tenant size of 2,900 s.f. to account for the current occupancy and future tenant reconfiguration. Site Plan — No changes to the site plan or building are proposed at this time. Anal — This proposal is essentially a housekeeping measure to formalize and clarify the actual development and use of the property. After completion of the redevelopment, the property was sold to the current Applicant, Promenade Place, LLC. During the due diligence process, agents for the Applicant discovered some discrepancies in the actual development as compared to the documented PD Amendment Agreements. This proposal seeks to correct and clarify those items. The initial PD Amendment in 2008 (Oppidan) granted approval for multi - tenant use and utilized the entire 20,000 s.£ former Ethan Allen building. Based on the five tenants proposed, the PD Amendment established a minimum tenant size of 2,900 s.£ Existing Use Zoning Land Use Designation North Eagan Promenade ( Panera) PD, Planned Development SA, Special Area East Promenade Oaks Townhomes PD, Planned Development SA, Special Area South Best Buy PD, Planned Development SA, Special Area West Restaurants PD, Planned Development SA, Special Area EVALUATION OF REQUEST Description of Proposal — The Applicant recently took ownership of this project and is proposing a PD Amendment to clarify the existing conditions relative to the prior City zoning approvals. Specifically, the proposed PD Amendment seeks approval to allow six tenants, including associated building architecture and signage, and to eliminate the minimum tenant size of 2,900 s.f. to account for the current occupancy and future tenant reconfiguration. Site Plan — No changes to the site plan or building are proposed at this time. Anal — This proposal is essentially a housekeeping measure to formalize and clarify the actual development and use of the property. After completion of the redevelopment, the property was sold to the current Applicant, Promenade Place, LLC. During the due diligence process, agents for the Applicant discovered some discrepancies in the actual development as compared to the documented PD Amendment Agreements. This proposal seeks to correct and clarify those items. The initial PD Amendment in 2008 (Oppidan) granted approval for multi - tenant use and utilized the entire 20,000 s.£ former Ethan Allen building. Based on the five tenants proposed, the PD Amendment established a minimum tenant size of 2,900 s.£ Planning Report — 1270 Promenade Place September 28, 2010 Page 3 With multi- tenant use already approved, the 2009 PD Amendment (CSM Corp.) was for changes to the site plan, signage and building elevations /architecture, and approval of on -sale liquor for two restaurants. The building elevations included tenant specific architecture for the anticipated anchor tenant. The 2009 PD Amendment also reduced the size of the building by about one - third, to approximately 14,446 s.f. With 5 tenants anticipated, but in a smaller building, individual tenant space sizes were correspondingly reduced, however, the reduction in tenant space sizes was implied rather than explicitly identified as part of the 2009 PD Amendment. Subsequent to both PD Amendment approvals, a third developer (Stonehenge Development) picked up the project and actually followed through with the remodeling of the building and the site. Before that, the City had been approached by a different prospective developer (HJ Development) interested in the project. With a new developer, the anticipated anchor tenant and tenant mix also changed. As a result, modifications to the tenant - specific architecture and number and type of tenants were proposed, including associated signage and the addition of another storefront for six tenants versus five. The Council was informed of the changes proposed by HJ Development in June of 2009, and determined that they were minor and did not require a formal PD Amendment. Soon thereafter, the project was picked up by Stonehenge Development, which proposed modifications similar to those of HJ Development. Based on the Council's direction in June 2009, the City provided an administrative approval letter (dated July 31, 2009) to Stonehenge for the modifications which included: • Going from 5 tenants to 6 tenants • Possibly 3 restaurants instead of 2 • Creating an additional storefront for the 6`h tenant • Changes to the building signage for consistency and for six tenants • Changes to the exterior materials to eliminate the signature architecture and replacing it with elements that are consistent with the treatment on the rest of the building. Stonehenge did acquire the project and the redevelopment was completed in 2009. The building is now fully leased with six tenants (Panda Express, Smashburger, Verizon, Solos Pizza, Sport Clips and Pearle Vision). Three of the tenants are restaurants and two of the restaurants have on- sale liquor licenses. Five of the six tenants occupy spaces less than 2,900 s.f. SUMMARY /CONCLUSION The Applicant is requesting approval of a Planned Development Amendment to pen-nit six tenants in the multi- tenant building and eliminate the minimum tenant size requirement on property located at 1270 Promenade Place. The proposed PD Amendment will document actual conditions and does not involve any new development or further changes. N� Planning Report — 1270 Promenade Place September 28, 2010 Page 4 ACTION TO BE CONSIDERED To recommend approval of a Planned Development Amendment to pen-nit six tenants and eliminate the minimum tenant size requirement for a multi- tenant retail use on property located at 1270 Promenade Place and legally described as Lot 6, Block 2, Eagan Promenade. If approved the following conditions shall apply: An Amendment to the Planned Development Agreement shall be executed and recorded with the Dakota County Recorder's office within 90 days of approval. Proof of recording shall be provided to the City. The following exhibits are required for the PD Amendment Agreement: • Site Plan • Building Elevations /Signage Plan • Landscape Plan 2. This Amendment is intended to supplement and amend the existing Planned Development Agreements. All other conditions in the Development Agreement remain in effect and the Property is subject to the terns and conditions of the Development Agreement, as amended by this Amendment. lq_�- Location Map ON Project Name: 1270 Promenade Place Request: PD Amendment Case Nos.: 10- PA- 07 -08 -10 City of Eagan Feet 0 500 1,000 2,000 Legend J.11. /.,,i City Boundary Parcels \ Parks \ Buildings N 11 ........... l A J T A 4 Z t 1-5 '141 31 —z— - D1112 ge 1— 5-p .— B-- ----------- EI II xl L U- - r T - - ' �;_S 3„CD ZI.DC JT —z— - D1112 ge 1— 5-p .— B-- 1i I A- LL I ill III II I 'III I III i E E IIiIIrili 3nN3AV 3GVN3V40H!,d 1i I A- LL I ill III II I 'III I III • III s 1 1° i 3 3 1 d I w " v ° 3 e r � Z l � Q Z i I I m Izl - - I�I - a ad izi IH I X a r -I t z' I ' I I�hl I I I I y1--1 I L_J I I I I 1 I 'z' I I I I Irhi IHI ICI 1 I I I I I -J I INN t ! _INN I1 ®l . INN }'� RI�IIIIIIIII��III�'�III 1! 3" ■ M LI, MEN 1 OEM own ate. �E y 2 C b z 0 W J W F- V1 ELEVATIONS 1� F4 l„ a AJ O N cC C b W ^O z 0 W w W V 4 Z i z ..j: �i - 1 `.' C—) , LU FLOOR /T/ rte., cz LLJ L: t4 vi M 1 a w IufOM z a� �3 Written narrative describing the request or proposal including: What you want to do; timing /phasing We seek to amend the Final Planned Development Agreement so that the City of Eagan's zoning requirements for this property coincide with what was actually constructed on the property. We purchased this property in July of 2010. Prior to our acquisition of the property and as part of our due diligence, we discovered that previous owners constructed improvements on the property that were administratively approved by the City of Eagan, but do not strictly comply with the Final Planned Development Agreement in place on the property. In seeking to amend the Final Planned Development Agreement, we are looking to match the Development Agreement with the uses which are currently in place and operating and which have already been administratively approved by the City of Eagan. Specifically, we are requesting the following changes to the Planned Development Agreement: (a) That the property be officially approved for six (6) tenants, including the existing signage and architectural configurations. Section 2 of Exhibit A to the Amendment to Final Planned Development Agreement states that no more than five tenants are allowed on the property. There are currently six tenant spaces and six tenants operating on the property. The elevations which are attached as exhibits to the Second Amendment to Final Planned Development Agreement show spaces for six storefronts and six signs on the front (west) of the building. The number of tenants, however, is not specifically addressed in the Second Amendment. The City of Eagan administratively approved the expansion from five tenants to six tenants by letter from Pamela Dudziak dated July 31, 2009. This administrative approval addressed signage for six tenants, the possibility of three restaurant tenants instead of two, creating an additional storefront and changing the building signage to accommodate the sixth tenant, and changing the architectural elements to make them consistent with the remainder of the building. Copies of the elevations showing spaces for six tenants on the property are enclosed in this application. (b) That the square footage minimum be eliminated to account for current occupancy and any future reconfiguration. Section 2 of Exhibit A to the Amendment to Final Planned Development Agreement states that tenant spaces shall be no less than 2,900 square feet. Currently, five of the six tenants on the property have spaces which are less than 2,900 square feet. I5 Given that the building only contains 14,446 rentable square feet of area, the reduced per - tenant square footage was implicitly approved with the City approved the building for six tenants. A minimum square footage of 2,900 square feet for six tenants in a 14,446 square foot building is not feasible, as the average square footage per tenant is about 2,400. Copies of the floor plan for the property showing spaces for six tenants are enclosed in this application. Existing land uses on subject property The existing uses on the property are retail, service and restaurant. The current tenants are: 1. Verizon Wireless (VAW) LLC d /b /a Verizon Wireless 2. Luman Holdings, Inc. d /b /a Sport Clips 3. I.M.I.'s Minnesota, Inc. d /b /a Pearle Vision 4. Smashburger Acquisition — Minneapolis, LLC 5. Solos Pizza Cafe, Inc. d /b /a Solos Pizza 6. Panda Express, Inc. Surrounding land uses and zoning within 660 feet The surrounding land uses within 660 feet are retail, restaurant, multi -unit housing, office, medical office, and banking. What impact does the planned development amendment have on surrounding property and land uses? None. The impact of the planned development amendment will be the same as the existing impact; no changes to the building or the property are being requested. The only changes being requested in this application are to modify the Final Planned Development Agreement to bring the property in its current condition into full compliance. What impact does the planned development amendment have on the subject property? None. The impact to the subject property will not change from the existing impact. What impact does the planned development amendment have on City services such as sewer, water, storm water run -off and roads? None. The impact on City services will not change from the existing impact. Does the requested land use proposed by the amendment result in a better use of the land? Explain. Yes, to the extent that the changes proposed by this application will bring the property into compliance with the Final Planned Development Agreement. JG / : i.J Written narrative concisely describinlz public benefit of the proposed Amendment By amending the Final Planned Development Agreement to coincide with what the City has already administratively and implicitly approved, there will be no question as to whether the property is in compliance with the City's requirements. 502526_1 /sue